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HomeMy WebLinkAbout2001 05-29 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION May 29, 2001 6:00 P.M. CONFERENCE ROOM B i 1. City Council discussion of agenda items and questions 2. Council Member Lasman: historical marker 60 & Brooklyn Boulevard 3. Miscellaneous + 4. Adjourn a a HEALTH EFFECTS OF NOISE ((Minnesota Pollution Control Agency)) One of the drawbacks i `our advanced technology is that we have produced the loudest noises known to man. [N]oise is a pollutant .. [and yet] ...Noise is invisible. In addition, some people just plain like to make noise because of its association with power. It is a common misconception that you can adjust to noise by ignoring it or getting used to it. The ear never closes and is continually responding to sound even during sleep. Noise can: - Cause permanent hearing damage. People with hearing loss suffer discomfort and social isolation. There is no cure. Hearing aids cannot restore lost hearing. Hearing loss is not solely an occupational hazard. - Contribute to the development or aggravation of heart and circulatory diseases. Noise triggering the involuntary fear response can cause adrenaline to be pumped into the bloodstream, blood vessels to constrict, the heart rate to quicken, muscles to tense, breathing to increase, the digestive system to slow down. Noise can cause regular and predictable stress in the human body. Continued stress can lead to hypertension which is the major cause of strokes and other cardiovascular diseases. - Affect the quantity and quality of sleep. The elderly and sick are more sensitive to disruptive noise. In addition to waking us up, noise can lengthen the time needed to fall asleep or cause shifts from deeper to lighter sleep stages. A good night's sleep is essential to our general health and well being. • Excessive noise exposure is a public health hazard and is just as important as air and water pollution. • Per the Environmental Protection Act (EPA) -- Noise is a contaminant. • Per the Health Promotion and Protection Act (HPPA) -- Public • Health officers can issue stop orders where public health is threatened. • All citizens and homeowners should have a basic right to the 'quiet enjoyment of property.' • The matter of 'Public Trust Doctrine' has come into effect in which citizens have begun to sue their local government, in civil courts, for failing to enforce it's own laws. What You Should Know Previous research in the United States and Britain has shown that when ten people are exposed to loud noise, only two will complain to officials. Researchers discovered that the other eight let it pass. Not because they were not upset; they were, but because they felt complaining would do no good Today, people are raising concerns about noise at a growing rate. The popular press has published much information on the links between noise and our health, and noise and the deterioration of our quality of life. Noise pollution is increasing each year and doubling every ten years. No one is monitoring the cumulative amount of noise pollution. There are three ingredients in the equation that make noise a growing health and social problem: Urban intensification (living closer together, less acoustical privacy). Technology (stereos, leaf blowers, jet skis, planes, consumer product etc.). Erosion of social consideration for others and the rise of individual rights versus community rights (I'll do what I want on my property thank-you...). Factor these together and you get a lethal mix. Noise Can Harm Your Health Most everyone has experienced unwanted noise and knows how it can make you feel angry and frustrated. It is no secret, noise creates physical and mental stress. "Noise causes hearing problems, stress, sleep disruption... higher rates of premature births, ulcers, aggression and mental illness... One third of young people entering the work force already have some hearing loss." (B.C. Workman's Compensation Board, Toronto Star, November 21 1995, page E7.) Noise and Your Health: Is Noise Making You Ill? Do you experience rapid heartbeat, stomach cramps, etc. at the onset of noise? Do you sometimes tremble uncontrollably and break out into a cold sweat when exposed to unwanted noise? Do you feel an overwhelming sense of anger toward the person causing the noise? Do you entertain violent fantasies about that person? Do ou et angr and upset just thinking about noise even when everything is quiet for the moment? Y g ,,y P J Z, g q Are you ever exposed to noise levels above 85 decibels? If you answered 'yes' to one or more of the above questions, chances are noise is harming your health. In Re: Request to Revise Brooklyn Center, MN Noise Ordinance in regards to "Boom Box Stereos" p.1 of 16 / May 29, 2001 / Contact: Yvette Ford16, MCTA -CLR How Can Noise Make You III? Noise can affect your body in three ways: hearing loss, stress, and sleep deprivation. • Hearing Loss Most people have heard of noise- induced hearing loss. Hearing loss can occur either through repeated, prolonged exposures to noise exceeding 85 decibels, or through short exposure to an extremely intense noise. Most cases of hearing loss result from the former. The sound - transmitting hair cells in the inner ear become increasingly damaged; each additional exposure compounds the problem. Note: Hearing loss is cumulative and irreversible. • Stress Noise is a powerful source of stress. When noise is unwanted and intrusive it can trigger strong stress reactions. These include the release of several stress hormones, changes in heart rate and rhythm, a rise in blood cholesterol levels, as well as digestive upsets. Long -term noise exposure and high blood pressure have been consistently linked in numerous studies. It there- fore appears that noise may play a role in such cardiovascular diseases as heart disease. Recent research also indicates that stress hormones released during prolonged noise exposure may impair the immune system. This may be of particular importance to people whose immune system is already impaired, such as people and patients with cancer, AIDS and / or chronic illnesses. Your attitude toward the unwanted noise directly affects your level of stress. The more helpless you feel, the greater your level of stress. If you perceive the noise as unnecessary and preventable, your annoyance will increase as well. • Sleep Deprivation Noise - induced disturbances of sleep can have substantial effects on subsequent task performance. Frequent disruptions of sleep contribute to daytime drowsiness, fatigue, and lack of concentration. As a result, your safety may be at risk. Noise And Your Mind Noise affects how people interact with each other and learn. People in noisy environments show increased aggression and hostility, and are less likely to be helpful. While music can lighten up dreary and repetitive chores, complex mental tasks become more difficult to perform and the number of mistakes tends to increase. Reading scores and language development of students in noisy environments lag behind their peers from quieter environments. GENERAL MISCONCEPTIONS ABOUT SOUND AND HEARING 1. Loud sound is not dangerous, as long as you don't feel any pain in your ears. Not true : Our threshold for pain is at about 120 - 140 dB SPL, but sound begins to damage our hearing when it is above 85 dB SPL (for an 8 hour period). 2. Hearing loss after sound exposure is temporary. Not trite : Some of the hearing loss will be permanent. Indication of damage is ringing and noise in the ears (called tinnitus) after sound exposure. This is a clear indication that sound exposure took place. Another indication is the difficulty to communicate on the phone and in noisy restaurants or cafeterias. 3. If you have a hearing loss already, you don't have to protect your hearing any more. Not true Hearing loss accumulates. More exposure to loud sounds leads to more hearing loss. 4. Hearing loss is mostly caused by aging. Not true : Research shows that accumulative exposure to loud sounds, not age, is the major cause of hearing loss. 5. Hearing loss can be repaired by medicine, surgery or hearing aids. Not true Certain improvements can be obtained by the use of hearing aids, however in the case of hearing losses inflicted due to noise exposure, the resulting quality of hearing will be far from normal. So far no drugs or therapy can correct noise induced hearing loss. This could affect your professional performance as a musician, sound engineer, medical doctor, air traffic controller, telephone operator, pilot, driver or in any other profession where performance depends on good hearing. Also, your enjoyment of music would suffer. In Re: Request to Revise Brooklyn Center, MN Noise Ordinance in regards to "Boom Box Stereos" p.2 of 16 /May 29. 2001 /Contact: Yvette Ford 16. MCTA -CLR 6. Loud sound damages only your hearing. Not true : Loud sound can change your heart rate, vision and reaction time. It may make you more aggressive and in general, negatively affect you. COMMON MISCONCEPTIONS ABOUT "WHAT PEOPLE LI AND PEOPLE'S RIGHTS 1. Most people like their music loud. Not trite : Although some people like loud music, especially if they already have a hearing loss. Most audiences note little perceptible difference between sound levels of 85 dB SPL and 100 dB SPL. However, 100 dB is much more dangerous than 85 dB sound, having 32 times more destructive power (115 dB sound found in many clubs has 1000 times more destructive power than 85 dB sound). 2. Everyone has a right to decide what sound level to listen to. Comment: [T]hose who knowingly expose themselves to overly loud sounds are creating future medical problems for themselves. This burden should not be put on the average taxpayer. In the range of safe sound ..., levels above 85 dBA are dangerous and can cause permanent hearing damage. Given the choice, most sensible people would not knowingly choose to put themselves in an environment that was considered hazardous to their health. An informed public, coupled with rational behavior, are key ingredients in the protection of individuals from both hearing loss and extra health costs. FACTS ABOUT SOUND AND HEARING_ • Frequency range: With normal hearing, one can hear frequencies from 20 Hz to 20,000 Hz. (20 cycles /sec to 20,000 cycles /sec). • Intensity range : With normal hearing, one can hear intensities from 0 dB to 140 dB. This corresponds to power ratio (defined as ratio of the highest audible intensity to the lowest audible intensity) equal to 100,000,000,000,000. • Potential dangers: ...noisy vehicles, loud music (concert, club, walkman, stereo system at home or in the car). [People are advised to] wear hearing protection in situations like these. More People Have Medical Condition of Ringing in the Ears From Increasing Societal Noise PUBLICATION: The Record (Bergen County, NJ) DATE: November 13, 1997 / SECTION: News; Star, 1 Star, Pg. L06 / BYLINE: Linda Johnson DATELINE: Trenton, New Jersey ACTIVISTS, INDIVIDUALS, AND GROUPS MENTIONED: Patricia Connelly, director of audiology services, University of Medicine and Dentistry of New Jersey- University Hospital, and assistant professor, New Jersey Medical School; Cora Lee Stewart, program development director, American Tinnitus Association The Record reports that tinnitus, the ringing, roaring, or hissing sound in the ears that often is the start of noise - induced hearing loss, is becoming more common, according to the American Tinnitus Association. The article says the cause of the increase is our increasingly loud society. The article reports that there are an estimated 50 million cases of tinnitus in the U.S., 12 million of which are severe and debilitating, according to the American Tinnitus Association. Noise from power tools, boom boxes, high - powered stereos, motorized garden and recreation equipment, and other common items is the cause of many of these tinnitus cases, the article says. The article points out that many of these common items are louder than the 85- decibel level above which tinnitus or hearing loss can occur with chronic exposure.... People with severe tinnitus are often unable to work or sleep, their relationships fall apart, and in rare cases are driven to have their hearing surgically destroyed or to commit szticide, according to Patricia Connelly, head of audiology services at the University of Medicine and Dentistry of New Jersey- University Hospital in Newark and an assistant professor at New Jersey Medical School. Cora Lee Stewart, program development director of the Portland, Oregon -based American Tinnitus Association, said the actor William Shatner developed tinnitus after a loud explosion while filming "Star Trek" years ago, and later said he was suicidal until professional help enabled him to cope with the problem. According to Connelly, tinnitus is the first sign that chronic exposure to loud noise is damaging the hearing system, and when people first experience tinnitus, they should immediately see a doctor. When people have tinnitus, the nerve bundles that carry electrochemical signals from the inner ear to the brain's temporal lobe, where hearing is processed, misfire. Or, misfiring can occur in the brain stem, which the auditory nerve passes through en route from the ear to the front of the brain. In Re: Request to Revise Brooklyn Center. MN Noise Ordinance in regards to 'Boom Box Stereos" p.3 of 16 / May 29, 2001 / Contact: Yvette Ford16. MCTA -CLR The causes and mechanism of tinnitus are not understood in detail, the article reports, but according to Stewart, a 1996 survey of association members gives an overview of the most common causes. The survey found: 18% of cases were caused by chronic exposure to excessive noise and brief exposure to very loud noise, such as gunshots or explosions. ... according to Stewart, many of the remaining ... cases are caused by noise exposure. The article explains that many tinnitus sufferers can be helped through treatment or therapy, but the condition often cannot be cured..... But most of the time, treatment is more complicated and will only offer some relief. Other patients, according to Connelly, are experimenting with a new therapy that uses a custom -made sound generator worn in or over the ear to train the brain to ignore the noise caused by tinnitus. Because tinnitus is often hard to cure, doctors and the American Tinnitus Association stress prevention. The association gives school presentations on tinnitus in Portland to fifth- graders, the article says. According to Stewart, "In every single classroom, three or four kids will come up and say, I hear sounds and I never told anyone about it." Some kids think the condition is normal, she said. Connelly also said, "There are more and more young people experiencing tinnitus as a result of our society getting louder and louder, and especially young people developing it as a result of listening to loud music." The chances of prevention are much greater if kids start thinking about the problem when they're young, Steward said. Noise Levels Rise in Europe to Unhealthy Levels PUBLICATION: Los Angeles Times DATE: March 27, 1999 / SECTION: Part A; Page 2; Foreign Desk / BYLINE: Carol J. Williams DATELINE: Berlin, Germany ACTIVISTS, INDIVIDUALS, AND GROUPS MENTIONED: Hugo Lyse Nielsen, member of the Danish Environment and Energy Ministry; Hartmut Ising, researcher with the Federal Environmental Agency's Institute for Water, Soil and Air Hygiene; Kyriakos Psychas, noise project manager at the European Environment Agency in Copenhagen; Bernd Wolff, Berlin resident The Los Angeles Times reports noise is a problem in all major cities in Europe, and environmentalists and social scientists believe the shrieks and roars of urban life may cause serious long -term health effects. ... [due to] levels that exceed accepted safe limits ...German environmental authorities have documented a greater risk of heart attacks among people exposed to excessive noise, and they are finding new evidence of noise's long- suspected ill effects on sleep and emotional well- being. The article reports studies of the lifestyles of German cardiac patients has shown approximately a 25% greater chance of heart attacks among those whose work or home environments were persistently exposed to noise above 65 decibels, says Hartmut Ising, a researcher with the Federal Environmental Agency's Institute for Water, Soil and Air Hygiene who has pioneered inquiries into the physiological effects of noise exposure. "Before, experts throughout the world accepted that noise annoys people and, if loud enough, can lead to deafness, but otherwise it has always been thought to have no effect on the body," says Ising, who has long believed otherwise. An 11 -year research project involving more than 1,000 heart patients found that noise, especially when it disrupts sleep, produces stress hormones that accelerate aging and heart disease, I sing says.... Normal traffic generally produces noise of about 70 decibels, while heavy traffic reaches levels of about 90 decibels. A chain saw's noise measures about 105 decibels. The article states scientists from all 15 European Union countries who are drafting a common noise policy estimate that excessive noise costs governments as much as 2% of gross domestic product in lowered productivity, increased accidents, and more - frequent illness. "Governments could actually save money if they reduced noise in the most affected areas, but we are a long way from getting politicians to understand this," says Hugo Lyse Nielsen of the Danish Environment and Energy Ministry, which is coordinating the EU noise policy project. Unlike water and air pollution, noise emissions disperse quickly, and their long -term influences on society are harder to track, Nielsen says. Eighty million people, or about one in four EU residents, suffer noise exposure that affects their job performance, he says, citing the first results of the group's research into noise hazards.... The article reports in litigious Germany, urbanites irritated by the escalating noise of city life are increasingly resorting to lawsuits to vent their frustration. "The city shouldn't allow so much traffic onto such a narrow residential street," contends Bernd Wolff, whose second -floor apartment in Berlin is passed every day by 60,000 cars taking a shortcut between two major freeways. "I know city life is never completely quiet, but this is ridiculous. And there's a very simple solution - -close the autobahn exit." Wolff is one of dozens of Berliners who have filed suit against the city, lleging dereliction of duty by urban planners. Like most other litigants, he ... worries about the long -term effects of living with constant noise above the 65- decibel level. In Re: Request to Revise Brooklyn Center, MN Noise Ordinance in re to "Boom Box Stereos" p.4 of 16 / May 29, 2001 / Contact: Yvette Fordl6, MCTA -CLR Ohio City Passes Ordinance to Target Loud Car Stereos PUBLICATION: The Dayton Daily News DATE: July 2, 1997 / SECTION: Neighbors, Pg. Z54 / DATELINE: Huber Heights, Ohio ACTIVISTS, INDIVIDUALS, AND GROUPS MENTIONED: Jan Vargo, City Councillor The Dayton Daily News reports that the Huber Heights (Ohio) City Council passed an amendment to the city's noise ordinance last week that restricts noise from car stereos, effective immediately. According to the article, the noise ordinance amendment stipulates that sound amplification devices cannot be "plainly audible" within 25 feet or more from a vehicle. The council believed the amendment will help police enforce the noise ordinance with respect to car stereos. Police had said that it was difficult to enforce noise limits on car stereos because the ordinance had defined a violation as any noise in excess of 80 decibels. City Councillor Jan Vargo said, "Summer's here, the windows are down, and this gives our police a perfect opportunity to enforce the new ordinance. " Police in Flushing, Michigan Use Unmarked Cars to Identify Noise Ordinance Violators PUBLICATION: The Associated Press State & Local Wire DATE: July 10, 1999 / SECTION: State And Regional DATELINE: Flushing, Michigan The Associated Press State & Local Wire reports that police in Flushing, Michigan have been cracking down on loud car stereos this summer using a 1992 noise ordinance. The ordinance includes a $500 fine or 90 -day jail term for violators. Officers have been using unmarked cars to enforce the ordinance, so violators don't recognize patrol cars and lower the volume. The article reports that police in Flushing, Michigan have "dusted off' a 1992 noise ordinance fashioned after a similar one in Flint. Police have been cracking down on loud car stereos this summer using the ordinance, which allows officers to levy a $500 fine or 90 -day jail sentence. The article notes that police have had trouble enforcing the ordinance in the past, since violators adjust their volume when police cars drive by. Officers have been using unmarked cars recently, and catch far more unsuspecting violators. Santa Fe, New Mexico Noise Ordinance Soon to Be Passed In an Attempt to Quiet Boom Boxes and Car Stereos PUBLICATION: The Santa Fe New Mexica DATE: November 17, 1999 / SECTION: Local; Pg. B -1 / BYLINE: Sharyn Obsatz DATELINE: Santa Fe, New Mexico ACTIVISTS, INDIVIDUALS, AND GROUPS MENTIONED: Les Blomberg, NPC The Santa Fe New Mexica reports that Santa Fe, New Mexico is close to passing a proposed ordinance which would fine operators of loud stereos as much as 5500 if they can be heard from 25 feet away. Even first time offenders will be asked to pay $200. The ordinance is in response to residents' complaints, and to discourage drivers from playing their music so loud that they couldn't hear an emergency vehicle. They say that loud music can be played while on large highways so no one will be bothered. Santa Fe officials say the distance is appropriate because of their narrower streets and densely - packed houses. Police in Troy, New York Confiscate Cars with Too -Loud Stereos as Evidence of Noise Violations PUBLICATION: The Associated Press State & Local Wire DATE: July 22, 1999 / SECTION: State And Regional DATELINE: Troy, New York The Associated Press State & Local Wire reports that noise ordinance enforcement in Troy, New York sometimes include confiscating cars with loud car stereos. If stereo volume is measured higher than 76 decibels at [a given number of ] feet away, the car is violating the noise ordinance and can be confiscated. Fines begin at $35, and violators -- who include bearers of too -loud boom boxes and motorcycles -- are responsible for any towing costs. The article reports that noise ordinance enforcement in Troy, New York sometimes include confiscating cars with loud car stereos. In Re: Request to Revise Brooklyn Center. MN Noise Ordinance in regards to 'Boom Box Stereos" p.5 of 16 / May 29, 2001 / Contact: Yvette Ford16, MCTA -CLR Police confiscate the cars as evidence that a stereo can break the 76 decibel limit set by the ordinance. Otherwise, some owners deny that their car is capable. One car has been confiscated so far this year, and two were taken last year. The article goes on, noting that police insist the policy does not represent typical "seizure" of a vehicle. Boom -boxes and inadequately - mufflered motorcycles may also be confiscated if the volume is measured higher than 76 decibels from [a given number of ] feet away. Fines begin at $35, and violators are also responsible for any towing costs. Editorial: Loud Stereos are a Problem in Amherst, New York PUBLICATION: The Buffalo News DATE: August 11, 1998 / SECTION: Viewpoints, Pg. 313 DATELINE: Amherst, New York The Buffalo News published the following letter regarding multidecibel audio - assault vehicles. The editorialist says Amherst, New York needs to draft a new noise ordinance ... and start issuing tickets. In a recent News story, Amherst Police Chief John B. Askey said he doesn't believe loud music coming from cars is a big enough problem in Amherst to take action against it. I would invite him to sit on our porch some evening, or in a car in the bank parking lot next door to our house, and listen to the sounds we are forced to endure most anytime, night or day, year- round. Even though we live in a busy area -- Harlem Road near Main Street in Snyder -- and have resided here for 26 years, we have never been bothered by the usual traffic noise, such as trucks, buses and fire truck and ambulance sirens. But the boom -boxes in the multidecibel audio - assault vehicles are very loud and annoying. The worst times are usually Friday and Saturday nights, and into the wee hours of the morning. Even though all our windows are closed and the air conditioner is on, the booming sounds seem to come right through the walls. It goes on even longer if one of these cars is waiting for the traffic light at the comer. I am sure other neighborhoods in Amherst are also experiencing this type of noise pollution. Perhaps Amherst could follow Cheektowaga's lead in combating this invasive problem. It should draft a new noise ordinance ... issue tickets for abnormally high levels and then give them traffic tickets. It seems like a good "sound" plan. Carolyn S. Potts Snyder England Restricts Boom Cars PUBLICATION: The Daily Mail DATE: February 24, 1998 / SECTION: Pg. 27 / BYLINE: Andrew Sparrow DATELINE: London, England The Daily Mail reports that the British government is planning to create a specific offence outlawing "excessive" noise from in -car radios and tape and CD players. According to the report, offenders could face hefty fines under the proposals being drawn up by John Prescott's Department of the Environment, Transport and the Regions. "Excessive noise from vehicle stereo systems is a ... growing problem causing unnecessary and annoying noise nuisance," Transport Minister Baroness Hayman said in a recent statement in the Lords. Drivers who play music at ear- splitting volume can already be prosecuted in some circumstances, but current laws make it difficult to catch them. Environmental health officers can take action under the Environmental Protection Act ... According to the report, a spokesman for the Department of the Environment, Transport and the Regions said the new rules, likely to be introduced by the end of the year, would apply to moving cars as well as stationary ones. Offenders will be fined, and the fines are expected to be as high as those currently imposed on those who create a din in stationary cars. Last year, 11 drivers were fined a total of almost $4,000 after they played dance music on their car stereos into the early hours of the morning on the seafront in Weston - super -Mare, Somerset. Some of the cars had up to eight speakers and two amplifiers, and the worst offender was ordered to pay $2,000. "Noise from car stereos does cause offence," said a spokesman. "Other motorists usually cannot hear the noise, but it does cause a problem for residents. Usually it is people coming back from clubs at two or three in the morning, and sometimes the noise is horrendous. You can hear them from miles away. British Police Will Enforce Noise Restrictions on Car Stereos PUBLICATION: The Northern Echo (England) DATE: August 20, 1997 / SECTION: Pg. 5 / BYLINE: Nigel Burton DATELINE: London, England ACTIVISTS, INDIVIDUALS, AND GROUPS MENTIONED: Jeff Johnson, manager of Autosounds In Re: Request to Revise Brooklyn Center, MN Noise Ordinance in regards to "Boom Box Stereos" p.6 of 16 / May 29, 2001 / Contact: Yvette Ford 16. MCTA -CLR According to The Northern Echo of England, government officials are preparing to award police with more powers to combat loud car stereos in England. The article says police are about to be given the power to turn off the greatest noise nuisances on the roads -loud car stereos. Labour ministers are drawing up plans for new laws that will give police sweeping powers to stop noisy sound systems. The craze for high output car entertainment has taken off in recent years.... With the growth in systems has come increased noise complaints from people unwillingly subjected to the music. The article quotes Jeff Johnson, manager of Autosounds, car audio specialists in Darlington: "Some of the lads do go a bit over the top. I knew of one driver whose system produced 159 decibels. If he'd turned it up to full blast the noise would have left him permanently deaf." A normal car stereo, as fitted by a manufacturer, produces about 25 watts.... "Depending on the equipment, that could buy a music power output of 5000 watts." ... The industry and the public needs protecting from irresponsible drivers who bring car audio into disrepute." George Oliver, a spokesman for Durham police, said noise nuisance is a growing problem. "Ways of tackling these complaints have been discussed at the highest level," he said. Chicago Suburb Police Attack Loud Car Stereos By Impounding Cars and Levying High Fines PUBLICATION: Chicago Sun -Times DATE: August 4, 1999 / SECTION: Nws; Pg. 14 / BYLINE: Dan Rozek DATELINE: Chicago, Illinois ACTIVISTS, INDIVIDUALS, AND GROUPS MENTIONED: Betty Skyles, a member of Elgin's Save Our Streets The Chicago Sun -Times reports that several suburbs around Chicago have been fighting an epidemic of loud car stereos by impounding cars and issuing fines of up to $500. Some police departments are allowed to use their own judgment to determine violators, while some communities have set distances -- such as [a given number of ] feet -- at which noise can not be audible. Courts generally allow police to impound cars when the driver breaks a specific law ... The article reports that several suburbs around Chicago have been fighting an epidemic of loud car stereos by impounding cars and issuing fines of up to $500. The article notes that in Elgin, 350 tickets have been written already this year. 6,800 vehicles have been towed in Chicago for loud music in the last two years. Fines in the various communities range up to $500, and they may be in addition to a vehicle - retrieval fee of $500. The article goes on to say that one young driver was asked by police how he stands the volume of his stereo, he said "I wear earplugs. " Chicago's Noise Law Impounds Cars Blasting Music PUBLICATION: Chicago Tribune (Chicago, IL) DATE: April 13, 1998 / SECTION: Metro Chicago; Pg. 1; Zone: N / BYLINE: James Hill DATELINE: Chicago, Illinois The Chicago Tribune reports that in the last year thousands of Chicagoans have had their cars impounded, some for violating the city code governing Noise and Vibration Control. According to the article, violation occurs when the music "generated by the device is clearly audible to a person with normal hearing at a distance greater than [a given number of ] feet," according to Article VII of the city code governing Noise and Vibration Control. Those who violate the ordinance can have their vehicle impounded and face a $500 fine, plus towing and storage costs. 5,286 citizens have had their cars impounded since the 21- month -old law took affect, according to Cathy Murray, a deputy director with the city's Department of Revenue, which oversees the impoundments. Drivers can have their vehicles impounded for a number of offenses, including solicitation of drugs or prostitution, carrl>ing a gun in the car-, violating curfew, illegal dumping, and playing music too loud. The article reports of the 12,879 vehicles impounded last year for violations of the ordinances, 4,764 were impounded for violating the city's noise ordinance -- making it the top violation. And 3,679 were impounded between April and September. "This is a quality -of -life issue," said Patrick Camden, Chicago police spokesman. "How many times have you been sitting on the porch at night or stopped at a red light and some guy comes by blasting the radio so loud you start shaking and you can't hear yourself think? Nobody is saying you can't listen to a radio; just do it at a reasonable volume. "... According to the article, police say many violations of the noise ordinance are reported by residents tired of being awakened in the night or having their favorite TV program interrupted by drivers with stereo systems... But just as often, some police said, officers will be sitting in their squad car at a red light or stopped on a street when they feel and hear the rumble of a big-bass system. In Re: Request to Revise Brooklyn Center, MN Noise Ordinance in reeards to "Boom Box Stereos" p.7 of 16 /May 29, 2001 /Contact: Yvette Ford 16, MCTA -CLR "Most of the time you're on patrol, you hear the music and it's a few young people with the radio blasting, and you go tell them to turn it down," said one Albany Park District patrol officer. "Usually, it's not a problem. They turn it down, you drive away, simple. Sometimes, if they are standing with a group of their friends or something like that, they might want to act tough or become argumentative, trying to make it seem like you are picking on them. At that point, we don't even argue. We just call the tow truck. They can argue all they want at the hearing." At that time, the hearing officer determines whether there was cause for the vehicle to be impounded. Springfield, Illinois Plans to Strengthen Noise Law, Allowing Cars with Loud Stereos to Be Impounded PUBLICATION: Copley News Service DATE: November 24, 1999 / SECTION: State And Regional / BYLINE: Joe Mahr DATELINE: Springfield, Illinois The Copley News Service reports that Springfield, Illinois is planning to strengthen their noise ordinance by allowing police to impound cars with stereos playing at an excessively loud volume. The ordinance, which is borrowing from similar ordinances in nearby communities First time offenders may only get a ticket, which can range from $250 to $750. City officials say that if your car is impounded, you will have the right to a timely hearing; if they go with one time period, hearings within 48 hours, then would need to schedule more frequent hearings than the current once a week. The article notes that the ordinance, which is borrowing from similar ordinances in nearby communities Rock Island and Kankakee, should be drafted within three months. Police in Naperville, Illinois Ask City Council for Noise Ordinance Amendment Allowing Impounding of Cars When Stereos Are Too Loud PUBLICATION: Chicago Tribune DATE: May 6, 1999 / SECTION: Trib West; Pg. 4; Zone: Dn / BYLINE: by Jeff Coen DATELINE: Naperville, Illinois The Chicago Tribune reports that Naperville, Illinois police have asked city council to amend the noise ordinance to allow the impounding of cars when their stereos are too loud. The request comes in response to noise problems ... on the scenic Riverwalk. Teenagers often crank their stereos ...and "quite frankly make a point to intimidate other people." It would cost $250 to release an impounded car. Pittsburgh City Council Considers Lowering Decibel Limit for Car Stereos PUBLICATION: Pittsburgh Post - Gazette DATE: July 22, 1998 / SECTION: Local, Pg. B -1 / BYLINE: Timothy McNulty DATELINE: Pittsburgh, Pennsylvania ACTIVISTS, INDIVIDUALS, AND GROUPS MENTIONED: Dan Onorato, City Councilor The Pittsburgh Post - Gazette reports that the City Council in Pittsburgh, Pennsylvania will consider an ordinance Wednesday that would lower the lawful noise level for car stereos from 85 decibels to 68 decibels, the level used in New York City. The proposal would allow police to impound cars after a second citation. According to the article, the proposal was introduced yesterday by City Councilor Dan Onorato. Violators of the proposed ordinance would be fined $300. After a second offense, violators would be fined again and have their cars impounded until they pay the fine and the towing costs. However, the article says, the new ordinance also would allow police to issue citations even without a sound meter... The ordinance would not cover outdoor concerts, parades, or festivals, the article notes. The article explains that according to Onorato, he wrote the proposed ordinance after hearing numerous complaints from residents about loud stereos. He said that lowering the decibel level and threatening to take away cars will guard the "quality of life" in the city. Onorato went on to say that the ordinance would protect the rights of residents who are offended by the noise. He said, "Somewhere along the line in this country, we got a definition of freedom to express yourself that doesn't have any responsibility with it. Well, it does. When you get to the point where you're blasting music and disturbing the peace and disturbing the enjoyment of a neighbor ...then you no longer have that free right to do whatever you want. In Re: Request to Revise Brooklyn Center, MN Noise Ordinance in regards to "Boom Box Stereos" p.8 of 16 / May 29, 2001 / Contact: Yvette Ford16. MCTA -CLR Mason, Ohio Strengthens Noise Ordinance to Cover Loud Car - Stereos in Daytime PUBLICATION: The Cincinnati Enquirer DATE: September 16, 1999 / SECTION: Metro, Pg. B03 / BYLINE: Kevin Aldridge DATELINE: Mason, Ohio The Cincinnati Enquirer reports that Mason, Ohio recently revised their noise ordinance to include noise that occurs during the day. After residents complained about the daytime noise, a new amendment includes daytime noise from car stereos. Fines could exceed $100. Noise "plainly audible" [a givenb number of ] feet from a car is considered a violation.... Formerly, the ordinance only covered "loud, unnecessary or unusual noise that disturbs others within the city" between 10 PM and 7 AM. After residents complained about the daytime noise, the change was made. The change targeted car stereos in particular. The article also notes that the ordinance will be placed under traffic codes, allowing minors -- who were difficult to charge when the violation was a criminal code -- to be charged with a misdemeanor. The fines could exceed $100. Noise "plainly audible" [a given number of ] feet from a car is considered a violation. Police will post signs warning the public of the new ordinance in an effort to reduce violations. Communities in the Buffalo, New York, Area Draft Noise Ordinance with Car Stereos in Mind PUBLICATION: The Buffalo News (Buffalo, NY) DATE: July 6, 1998 / SECTION: News, Pg. IA / BYLINE: Lou Michel DATELINE: Erie County, New York ACTIVISTS, INDIVIDUALS, AND GROUPS MENTIONED: Ronald Wilson, resident; The Buffalo News reports New York's Erie County Sheriffs Department and other area police agencies are trying to crackdown on drivers who blast high - powered car stereos. According to the article, in Cheektowaga, town officials are drafting a new noise ordinance that will make it easier for police to charge drivers who play music excessively loud. "We're looking at the drive -by, boom -box cars and using a decimeter to determine their noise levels," said Cheektowaga Councilman Tom Johnson, who expects the updated ordinance to be presented to the Town Board in a month. Cheektowaga Police Chief Bruce D. Chamberlin said cars blasting music is "something that makes people feel their neighborhood is going down the tubes." He said his department has succeeded in pulling the plug on several young motorists in the area. "They would hang out at a French Road restaurant and then parade around in their booming cars. What we did was ... issue tickets for creating unreasonable noise levels and give them traffic tickets," Chamberlin said. In Buffalo, police plan to pay closer attention to calls about loud music with a new unit of 12 additional officers. Buffalo Deputy Police Commissioner John R. Battle said "Loud music is one of the issues we will be heavily looking into.... Our Flex Unit will be able to make return visits to make sure the problem is quelled." And state police have agreed to work cooperatively with sheriffs deputies in quieting noisy motorists in outlying areas of the county. The new police effort to quiet area roads is being applauded by Grand Island resident Ronald Wilson, who hit wits' end about a year ago and chased down a stereo - blaring motorist. "The young man drove back and forth past my home in the middle of the night until I finally chased him and had a confrontation with him. He told me his family world not allow him to drive around his own neighborhood. "His red pickup was complete with twin eighteen -inch woofers pounding in the back. His stereo just shook the neighborhood. And, oh yes, the kid was wearing earplugs to protect his own ears, said Wilson. The article reports Erie County Sheriff Patrick M. Gallivan and Grand Island Supervisor Peter A. McMahon last week announced stepped -up enforcement against motorists who blast their automotive megastereos. They say it's a violation of common courtesy and the law. "It's common sense or it's the courts," Gallivan said in warning offending drivers that they will be charged with disorderly conduct. "People have the right to be safe and secure in their homes without being disturbed." Drivers who are convicted could face a $300 fine and 15 days in jail. Grand Island was selected as the site to announce the crackdown because of numerous noise complaints residents have filed with town officials. The article reports resident Josephine Grisanti of Bedell Road, Grand Island said, "We live 100 feet back from the road, and the music from the cars still vibrates our house." Houses aren't the only places invaded by the unwelcome sounds. In Re: Request to Revise Brooklyn Center, MN Noise Ordinance in regards to "Boom Box Stereos" p.9 of 16 / May 29, 2001 / Contact: Yvette Ford16. MCTA -CLR "I was stopped at an intersection the other day, and this car pulled up beside me. The music coming from it was so loud my chest vibrated," Mrs. Grisanti said. One West Side woman said she has been forced to put her house on the market because she can no longer stand the loud music coming from cars ... in front of her home. "Nobody in my neighborhood sleeps anymore because you have these drivers ... leaving the radios on while they run into the nearby corner store ... at all hours of the night," the woman said. "My mother has lived in our home for 78 years, but we can no longer take it with the loud music. We've asked the shopkeeper to control his customers and he refuses, and when we call police, they either don't come or arrive after the cars have left," she said. According to the article, police say loud music is more than an annoyance, it's a hazard. "If an emergency vehicle is coming along with its sirens on, the drivers of these vehicles are unaware because they can't hear anything but the music," Town of Tonawanda Police Chief Samuel M. Palmiere said. There are other dangers too. "Because of the high noise level and close proximity to the speakers in the confined space of a car, there's a definite chance of damage to the ears," said Karen M. Martin, an audiologist in Buffalo. It doesn't take long to experience a hearing loss, Martin said, if a person frequently drives around with loud music. She estimated that the noise level can reach well above 100 decibels. "Anything at 85 decibels and above is considered dangerous. A normal conversation is about 60 decibels," Martin said. St. Stephen, South Carolina Begins Enforcing Its Laws to Fine Cars with Excessively Loud Stereos or Darkly- Tinted Windows PUBLICATION: The Post and Courier DATE: August 26, 1999 / SECTION: Ber, Pg. 01 / BYLINE: Tyees Douglas DATELINE: St. Stephen, South Carolina The Post and Courier reports that St. Stephen, South Carolina officials have begun more aggressive enforcement of several local laws. Now, you can be fined $348 for noise that can be heard over [a given number of ] feet away, or $360 for darkly- tinted rear windows on your car that could obstruct the view of police. The article reports that St. Stephen, South Carolina officials have begun more aggressive enforcement of their noise ordinance which prohibits noise -- especially from cars -- from being so loud that it can be heard from [a given number of ] feet away. The fine is $348. The article also notes that a measure prohibiting darkly- tinted windows will be enforced more often. If rear windows permit less than 24% of light to pass through, it is considered a threat to the safety of police officers if they need to make a routine traffic stop and see into the car. Proposed Noise Ordinance Targets Loud Car Stereos and Receives Initial Approval from Pittsburgh's City Council PUBLICATION: Pittsburgh Post - Gazette DATE: July 30, 1998 / SECTION: Local, Pg. B -7 / BYLINE: Timothy Mcnulty DATELINE: Pittsburgh, Pennsylvania The Pittsburgh Post - Gazette reports that Mayor Murphy is expected to sign a noise ordinance if City Council gives its final approval August 3. The Council has already given preliminary approval to the ordinance, which provides tougher fines for noise violators and threatens repeat offenders with "booting" of their cars when the penalty fines are not paid. The bill barely passed by a vote of 5 -3, the article said, with Jim Ferlo, Valerie A. McDonald and Sala Udin voting against it. Councilman Gene Ricciardi was reported absents. According to the article, the bill, introduced by Dan Onorato, initially stated that drivers with car stereos playing more than 68 decibels would be fined $300 after the first offense and after the second offense fined another $300 and have their cars impounded. After considering the legality of impounding loud cars, the bill was reportedly changed. The article reports that under the revised version, repeat offenders who fail to pay their fines will find their cars "booted ". When the owner pays the fines, the boot will be removed. Amendments to the bill clarify that the ordinance will be applied to homes as well as cars. The article described how if police officers could hear music above 68 decibels at [a given number of ] feet or more away, home or car owners could be cited ... y, Police would not need to use a sound meters however to cite people.... But Onorato, the bill's sponsor, is noted in the article as viewing his proposed ordinance as emblematic of the city's "quality of life." According to the article Police Chief Robert W. McNeilly Jr. agrees. McNeilly is quoted saying that "community policing" stop more serious lawbreaking from happening in the future. In Re: Request to Revise Brooklyn Center, MN Noise Ordinance in regards to "Boom Box Stereos" p.10 of 16 / May 29, 2001 /Contact: Yvette Ford 16. MCTA -CLR Overland Park, Kansas City Council To Limit Volume on Car Stereos PUBLICATION: Kansas City Star DATE: December 11, 1999 / SECTION: Zone /Shawnee Mission; Pg. 1 / BYLINE: John Shultz DATELINE: Overland Park, Kansas The Kansas City Star reported that the Public Safety Committee of the Overland Park City Council directed the city's legal staff to find an ordinance that will limit the noise levels on car stereos in residential areas. According to the Star, residents have complained that the loud "boom cars" have interfered with their sleep and [leisure time], and have even made their houses shake. Councilman Tim Owens calls the boom cars annoying and a public safety issue. The article reported on the difficulty of enforcing such an ordinance, according to assistant city attorney Mike Santos. The city must first set a noise limit and then officials would have to enforce it because by the time police get a complaint, the car has gone. Ohio Town Police Chief Wants Noise Ordinance for Car Stereos PUBLICATION: The Plain Dealer DATE: June 5, 1997 / SECTION: Metro; Pg. 1 B / BYLINE: Steve Luttner DATELINE: Medina, Ohio ACTIVISTS, INDIVIDUALS, AND GROUPS MENTIONED: Dennis Hanwell, Police Chief The Plain Dealer reports that Medina, Ohio Police Chief Dennis Hanwell has asked the city council to amend the existing noise ordinance to allow police to use their own discretion in issuing citations for noise generated by car stereos ....... loud music coming from ... cars was a problem.... the radios were loud, the windows were shaking and ... it was intimidating ...." Medina already has a law that prohibits "unreasonable sound amplifying devices, " the article reports. However, the current law requires that a citizen file a complaint about loud noise before police can act. Under Hanwell's proposal, police would have the ability to issue citations generated by cars in parking lots without a citizen complaint. Police May Be Able To Slap Fines on Drivers with Loud Car Stereos Under Bethlehem's Newly Proposed City Ordinance PUBLICATION: The Morning Call DATE: August 3, 1998 / SECTION: Bethlehem, Pg. B1 / BYLINE: Matt Assad DATELINE: Bethlehem, Pennsylvania The Morning Call reports that local police in Bethlehem, Pennsylvania may soon be in pursuit after drivers using high- wattage car stereos. The police will be able to slap hefty fines on noisemakers if the mayor is successful in getting the new city ordinance passed. According to the article, a string of complaints from people who claim to have ringing ears and shaking windows, prompted Cunningham to present the ordinance making excessive noise unlawful. The article quotes resident Bernard Bankowski, "It's like thunder. Sometimes they come at 1:30 or 2 a.m. It's enough to knock you out of bed." Cunningham's aim, the article states, is to improve the quality of life. "Everyone has the right to listen to music," the article said quoting Cunningham, "But they don't have the right to bother other people with it. It's a quality of life issue." According to the article the city has an existing nuisance ordinance that prohibits "unnecessary noise," but the law according to city solicitor Joseph Leeson is reportedly so vague that it cannot stand up to appeal, making it difficult to enforce. Legislators in other communities such as Allentown and Easton, have created noise laws which set decibel levels and requirements based on zoning districts [for all times] of day. Bethlehem officials say at some point, music becomes noise, and its time to identify that point and create a law to keep people from crossing over it, the article reported.... Mayor Cunningham is decidedly in support of those suffering from the noise, "The number of complaints we've gotten about this is unbelievable. Something has to be done," the article said quoting Cunningham. Newport, Washington Police Chief Proposes Ban on Booming Car Stereos PUBLICATION: The Spokesman- Review DATE: April 25, 1999 / SECTION: The Region, Pg. B 1 / BYLINE: John Craig DATELINE: Newport, Washington The Spokesman- Review reports the local police chief in Newport, Washington wants to ban excessively -loud bass -heavy car stereos that disrupt local residents and businesses. In Re: Request to Revise Brooklyn Center. MN Noise Ordinance in regards to "Boom Box Stereos" p.l l of 16 / May 29, 2001 / Contact: Yvette Fordl6, MCTA -CLR II� An employee of a local chiropractic clinic said "We don't let [economically important] loggers use jake brakes, so why do we let young people boom us out ?" ... The article continues, noting that the City Attorney says the existing ordinance has no objective measures that allow consistent enforcement. He is studying ordinances passed elsewhere in communities such as Tacoma, Davenport, and Kettle Falls that regulate stereos. These ordinances set a distance at which it is illegal to hear a car stereo, or a maximum decibel limit. Michigan Town Wants to Lower Volume on Noisy Car Stereos PUBLICATION: The Associated Press DATE: April 5, 1999 / SECTION: State And Regional DATELINE: Saginaw Township, Michigan The Associated Press reports some residents of Saginaw Township, Michigan, want to see a change in a local noise ordinance that would focus on noisy car stereos. According to the article, the township has a general noise ordinance -punishable by 90 days in jail or a $500 fine - but it doesn't adequately specify car stereos, said Township Police Chief Stephen C. Renico, who wants to see that changed. "One man's music is another man's torture," he told The Saginaw News. Of the sounds that can emanate from a powerful car stereo, Township Clerk Timothy J. Braun said, "It will shake your house, it will shake your windows." Braun recently heard a complaint from a neighbor and brought the issue to the forefront. "I know from my own experience it's a very penetrating, deep bass sound." ... concerned about the danger ... of not being able hear a horn, train whistle or traffic noise. And others said it could damage hearing for someone too close to the speaker. The article states city spokesman William Bailey said of Saginaw's current noise ordinance: "It has had modest success. We've really tried to have our officers sensitive to noise violations." The ordinance doesn't establish a decibel threshold, but lets a police officer decide if a noise is "jarring, disturbing or a nuisance" more than 50 feet away, Bailey said. • first offense can bring a fine of $95 that increases to $145 the second time around. • judge can impose a fine and jail sentence for a third offense. The ordinance carries a maximum penalty of 90 days in jail. Braun acknowledged that police might have a difficult time enforcing a lower volume law in Saginaw Township. "... government needs to be responsive to the needs of its citizens." Chicago, Illinois Alderman Suggests Easing Noise Ordinance Against Boom -Cars, Claiming Consequence of Car - Impoundment Falls Too Disproportionately on Minorities; City Council Disagrees PUBLICATION: Chicago Tribune DATE: June 8, 1999 / SECTION: Metro Chicago; Pg. 3; Zone: N / BYLINE: by Gary Washburn DATELINE: Chicago, Illinois The Chicago Tribune reports that a Chicago, Illinois City Council committee rejected a proposal to limit the hours that the noise ordinance against boom -cars would apply. Currently, car - owners who play excessively loud stereos can be fined up to $500, and have their car - impounded; getting their car back costs $115. The alderman claimed that violators were disproportionately minorities, and that thev were unfairly hindered from going to work.... The article continues, noting that the city has seen a major drop in noise complaints since the ordinance was instated; in the three years that the ordinance has been in effect, 6,862 vehicles have been impounded. The Washington -based Consumer Electronics Manufacturers Association told the committee that sales of the $1500 -2000 "souped -up stereo systems" in the Chicago area has dropped by an average of 33 percent, ... The article concludes, noting that before the ordinance, loud car stereos were often a sign of gang activity. Other violations that can result in car impoundment include prostitution, drug dealing, and gun possession. New Noise Ordinance in Carmel, Indiana Imposes Stiff Fines for Loud Car Stereos PUBLICATION: The Indianapolis News DATE: July 16, 1999 / SECTION: Metro North; Pg. NO / BYLINE: Scott L. Miley DATELINE: Carmel, Indiana The Indianapolis News reports that a new noise ordinance has been proposed in Carmel, Indiana's City Council that impose stiff fines on noise such as that from loud car stereos. Fines will range from $250 to $2500. Common household lawn and garden equipment In Re: Request to Revise Brooklyn Center, MN Noise Ordinance in regards to "Boom Box Stereos" p.12 of 16 /May 29, 2001 /Contact: Yvette Ford 16, MCTA -CLR will be exempt from 7 AM to 10 PM, as well as approved gatherings and celebrations. Violations will include sound heard from [a given number ofj feet away or sound measured at [a given number ofJ decibels at or above 6 feet from the source. The article reports that a new noise ordinance has been proposed in Carmel, Indiana's City Council that impose stiff fines on noise such as that from loud car stereos. Fines will range from $250 to $2500. The Mayor pushed for the ordinance after he heard much resident concern about noise during his election campaign. The article continues, noting that exceptions such as lawn mowers, power tools, construction equipment, burglar alarms, legal fireworks and cheering at sporting events will be allowed between 7 AM and 10 PM. Public parades and other approved gatherings will also be exempt. The article concludes, noting that a recent ordinance in Evansville is similar, forbidding sounds from boom boxes to be heard 10 yards away, with a first -time fine of $50. The distance designation is designed to rid police of the burden of having to carry noise measurement devices. Noise from Stereos and Car Alarms Spur Penn. Town to Adopt New Noise Ordinance PUBLICATION: The Morning Call (Allentown) DATE: February 26, 1999 / SECTION: Bethlehem, Pg. B 1 / BYLINE: Matt Assad DATELINE: Bethlehem, Pennsylvania ACTIVISTS, INDIVIDUALS, AND GROUPS MENTIONED: Beverly Bruck, resident; Donald R. MacRae, resident; Liddy Cook, resident The Morning Call reports the City Council of Bethlehem, Pennsylvania, is set to approve a new noise ordinance after residents complained of loud music and the noise .... According to the article, blaring a high- wattage stereo or repeatedly testing a new car alarm will soon be illegal in Bethlehem. The City Council's Public Safety Committee's voted to recommend the proposal to the City Council after a group of frustrated residents complained of shaking windows and sleepless nights created by neighbors who have been able to circumvent the city's current laws. "Why must I look for another place in my house to get a night's sleep ?" asked Beverly Bruck... "It's so loud that it creates a vibration that penetrates your house. It's like thunder." Resident Liddy Cook told the council... The article reports Mayor Don Cunningham first proposed a new city noise law in December. Several hours of complaints from residents have led to some revisions. The proposed law states that any noise from a building, car or portable radio that can be heard from 40 feet away can bring fines of up to $300 and jail time of up to 90 days. Repeated false alarms by car security systems also would bring the same penalties. The city currently has a nuisance ordinance that prohibits "unnecessary noise," but police say it is too vague to enforce and too easy to fight. using Philadelphia's 1993 noise law as a guide, the Bethlehem legislation would give city police more power to cite noise - makers without having to rely on testimony or signed complaints from a resident. The article states that comes as welcome news to residents dealing with noisy neighbors. "Noise today has really become a public health hazard," said resident Donald R. MacRae. "It causes high blood pressure, stress and is debilitating to some. State of Illinois Awaits Governor's Signature on Bill Outlawing Boom Cars PUBLICATION: Copley News Service DATE: April 14, 2000 / SECTION: State And Regional / BYLINE: Dean Olsen DATELINE: Springfield, Illinois The Copley News Service reports that the Illinois House of Representatives has passed a bill that will penalize drivers of vehicles playing stereos that can be heard [a given number of] feet away from the vehicle. Police will be able to fine offenders $50 for violations. The bill will shortly be presented to Governor George Ryan for his signature. According to the article, a similar law was in force in Illinois until last November, when the Illinois Supreme Court overturned it because the law did not prohibit advertising- related noise. The new law will include advertising - related noise, but will continue to exempt emergency vehicle noise. The House originally had exempted advertising related noise so that ice -cream trucks could continue to operate, with music playing, in residential neighborhoods. The article reports that the city of Aurora, Illinois has been waiting for the bill to be signed into law so that it can proceed with a case against U.S. Marine Lance Cpl. Crispin Paustian, whose car was impounded by the city last June after Paustian was pulled over for blaring his car stereo. In Re: Request to Revise Brooklyn Center, MN Noise Ordinance in regards to "Boom Box Stereos" p.13 of 16 /May 29, 2001 /Contact: Yvette Ford 16, MCTA -CLR Owensboro, Kentucky Begins Using New Noise Ordinance Against Loud Car Stereos PUBLICATION: The Courier - Journal DATE: December 2, 1999 / SECTION: News Pg.02b DATELINE: Louisville, Kentucky The Courier - Journal reports that Owensboro, Kentucky police have used the new local noise ordinance against 8 individuals with loud car stereos. The article reports that Owensboro, Kentucky police have been using the new local noise ordinance against those with loud car stereos. Since the law was introduced in early November, eight tickets have been issued to individuals between 18 and 22. The ordinance prohibits music from being audible at [a given number ofj feet away. Raleigh, NC, Home of Db (Decibel) Drag Racer Champion, Adopts Car Audio Ordinance PUBLICATION: The News and Observer (Raleigh, NC) DATE: April 3, 1999 / SECTION: News; Pg. B 1 / BYLINE: Joanna Kakissis DATELINE: Raleigh, North Carolina The News and Observer reports in an attempt to control drive -by concerts, Raleigh, North Carolina, will likely adopt an ordinance prohibiting music that is audible 50 feet from a vehicle. According to the article, microchips in stereo amplifiers and the deep bass tones of popular music have turned car - stereo music into a chronic nuisance: an aural enemy that, according to some critics, can shake windows and keep an unwilling audience up and angry all night. "Once upon a time, ... once the car was more than 100 feet away you couldn't hear anything," said Glenn McCarthy, a national sales manager for Hifonics, a Chicago -based company that makes car stereos. "Now, it feels like a space shuttle is taking off right next to you, and it doesn't take a lot of power to produce that sting." In the past five years, as car stereos have gotten better, cheaper and more popular, and their sounds have hit the streets of Raleigh, the council has looked at writing an ordinance to control the music - any music, said Julian Prosser, the city's administrative services director. "It's not the character of the music, but rather the kind of sound system," Prosser said. "I imagine if you're playing Puccini too loud, it would still be a problem." Cities and towns across the United States now have ordinances restricting music from automobiles. The Raleigh City Council's Law and Public Safety Committee approved the new ordinance last week, and it could come before the full council for a vote Tuesday. The article reports city officials acknowledge that the biggest issue will be enforcement. Last year, Raleigh Police Chief Mitch Brown told City Manager Dempsey Benton that police officers may have problems measuring the 50 feet because a driver may move a car and, in many instances, disappear from the scene altogether. "By the time the officer arrives after being dispatched, the sound source will have left the scene, and the officer will not be able to locate anyone to charge," Brown wrote then. McCormick, though, said the law "is definitely enforceable," adding that "if people can be charged, there will be pressure not to repeat it. "... "Sometimes, I'm sitting in the car and I have two radios on, an AM radio and the police radio," said Brown, the police chief. "And I still hear music coming from a youngster's car. "... The current world record - holder is Jay Lovelace of Raleigh, the car stereo manager at Raleigh's Creative Acoustics store ...he cranked up the sound to 174.2 decibels - louder than a jet taking off at close range, and almost loud enough to break human bones..... Excessively Loud Car Stereo's Should Be Challenged With Product Liability Lawsuits Similar to Recent Attacks on Cigarette and Firearm Manufacturers PUBLICATION: The Oklahoma Observer DATE: June 25, 1999 / SECTION: Public Forum / BYLINE: Michael P. Wright DATELINE: Norman, Oklahoma The Oklahoma Observer prints an opinion piece by a resident who is consistently irritated by excessively loud stereos in so- called 'boom cars.' He cites scientific evidence of human health and safety problems caused by noise, including hearing impairment, decreased response time while driving, stress contributing to heart disease, and sleep deprivation. .... Finally, he suggests that product liability lawsuits should be brought against loud stereo manufacturers, similar to those recently levied against cigarette manufacturers. In Re: Request to Revise Brooklyn Center, MN Noise Ordinance in regards to "Boom Box Stereos" p.14 of 16 /May 29, 2001 /Contact: Yvette Ford 16, MCTA -CLR Community Policing Effort Reduces Traffic Noise in Fall River, Massachusetts PUBLICATION: Providence Journal - Bulletin DATE: August 18, 1998 / SECTION: News, Pg. 1C / BYLINE: Julie Goodman DATELINE: Fall River, Massachusetts ACTIVISTS, INDIVIDUALS, AND GROUPS MENTIONED: Audrey Poitras, Niagara Neighborhood Association The Providence Journal- Bulletin describes a community policing effort to eradicate blaring car stereos, ... other traffic nuisances from a cruising strip in Fall River, Massachusetts.... Officer Gary Furtado is quoted in the article saying, "People are trying to eat, put their kids to bed, and all they hear is stereos." The article describes him pointing to two [motor vehicles] and saying, "That's a perfect example of why we're out here. You're trying to have supper or something and those two are at a light or zipping by. It's a nuisance." The enforcement effort focuses on a mile - and -a -half stretch of homes ... that has historically been the cruising strip for ... restless teenagers and roaming adults.... According to the article the Police Department issued more than 1,100 citations last summer, and ticketed more than 600 so far this summer. Motorists with loud stereo systems are also targeted. Sgt Keven Tetrault is noted saying, "They're cruising all the time. If they're going to cruise, keep their radios down, they won't be bothered." One problem has been the use of "kickers," or the large speakers that motorists prop up in the back of cars to amplify music. " Some of them go to extremes. They take out the rear seat and put these big bass speakers in," the article said quoting Lt. Stephen Ramos. "It's not the fault of technology, it's just today, they can put the equivalent of a home stereo system in their cur." According to the article officers report that most offenders are cooperative when pulled over but some try to remove the detachable faces off their radios and ask officers if they are sure they have the right car. Other motorists have reportedly argued that because their stereo products were "factory bought," it shouldn't be illegal to put the volume up to their greatest capacity. Neighbors were reportedly responsible for prompting the police to initiate the enforcement effort. Audrey Poitras heads the Niagara Neighborhood Association and is one of the neighbors who got the enforcement practices in motion. Neighbors, the article said, feel the barrage of noises compromises the quality of life. Poitras is quoted saying, "In the summer, it gets horrendous on the avenue. People actually move out of the avenue because it's just so noisy ... cars going up and down ...." The routine continues from around 9 p.m. to midnight every night, with activity increasing on the weekends. "You can see the same cars over and over, cars of kids," the article noted, continuing its quote from Poitras. But since the police started initiating citations, Poitras says her summers have been quieter. Rhode Island Town Council Considers Ordinance Creating Quiet -Zones PUBLICATION: Providence Journal - Bulletin / DATE: September 17, 1997 / SECTION: News, Pg. 1C / BYLINE: Sumanthi Reddy DATELINE: Cumberland, Rhode Island ACTIVISTS, INDIVIDUALS, AND GROUPS MENTIONED: Matthew and Genevieve Lizak, residents The Providence Journal - Bulletin reports that the Cumberland, Rhode Island Town Council will vote tonight on a proposed noise control ordinance that would allow noise - sensitive zones to be established in areas in which residents show that noise is hazardous to their health. The proposal was brought by two residents who say the noise in their neighborhood is bad for their health. The article explains that the proposed ordinance would allow residents to ask for a clearly posted sign that identifies the neighborhood as a noise- sensitive one. Residents requesting a sign would need ... verified certificates from medical experts saying the noise was a health hazard to them... According to the article, Matthew and Genevieve Lizak, who brought the proposal for the ordinance to the Town Council, want the area around their house designated a noise - sensitive area. The Lizaks have lived at their home on East Barrows Street for 47 years, in the last two or three years, the neighborhood has become too noisy, they say. The Lizaks have called the police 75 to 100 times over the last two or three years about everything from loud music "shaking" their windows to cars parked in front of their house to drinking parties on the street, firecrackers, vandalism, and littering ... The article explains that the Lizaks have heart conditions, and Matthew had quadruple bypass surgery in June. The noise is hazardous to their health because of their medical conditions, they say, and they have letters from ... doctors stating that they need an ordinance to protect them.... In Re: Request to Revise Brooklyn Center, MN Noise Ordinance in regards to 'Boom Box Stereos" p.15 of 16 /May 29, 2001 /Contact: Yvette Ford 16, MCTA -CLR (Environmental Noise Booklet) http: / /www.nonoise.org/ library /envnoise /index.htm #types (Community Noise) http://www.nonoise. (Noise Effects Handbook) http: // www.nonoise.org /library/handbook /handbook.htm (Minnesota Environmental Impulse Noise Study) http://www.nonoise.org /library/impulse /impulse.htm (Minnesota Pollution Control Agency) http: / /www.nonoise.or.-/library /sndbasic /sndbasic.htm ([Code of Federal Regulations] [Title 40, Volume 16, Parts 190 to 259] [Revised as of July 1, 1998] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR201.1] [Page 60 -63] TITLE 40 -- PROTECTION OF ENVIRONMENT CHAPTER I -- ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PART 201 - -NOISE EMISSION STANDARDS FOR TRANSPORTATION EQUIPMENT; INTERSTATE RAIL CARRIERS- -Table of Contents) http: // www. nonoise .org /lawlib /cfr/40 /40cfr201.htm (Noise, Sovereignty, and Civility) http: / /www.nonoise.org /library/civnsov /civnsov.htm (Oklahoma Product Liability Lawsuit Resolution) http: // www. nonoise. org /lawlib/ proposed /stateleg /ok/lawsuit.htm (Noise Control Terms) http: / /www.nonoise.org /library/diction /soundict.htm In Re: Request to Revise Brooklyn Center, MN Noise Ordinance in regards to 'Boom Box Stereos" p.16 of 16 /May 29, 2001 /Contact: Yvette Ford 16, MCTA -CLR CITY COUNCIL MEETING City of Brooklyn Center May 29, 2001 AGENDA ** *REVISED * ** 1. Informal Open Forum With City Council - 6:45 p.m. - provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation -Rev. Sarah Lawrence - Wieben, Prison Fellowship Ministries 3. Call to Order Regular Business Meeting 4. Roll Call 5. Council Report 6. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. 1. May 14, 2001 - Study Session 2. May 14, 2001 - Regular Session b. Licenses C. Approval of a Special Event 3.2 Malt Liquor License for Scoreboard Pizza d. Confirming Mayors Appointment of Councilmember Ricker to the Park and Recreation Commission and AMM CITY COUNCIL AGENDA -2- May 29, 2001 ** *REVISED * ** e. Resolution Approving Final Plat, MEDTRONIC SHINGLE CREEK ADDITION f. Resolution Establishing Improvement Project Nos. 2002 -01, 02, and 03, Southwest Area Street, Storm Drainage, and Utility Improvements Project g. Resolution Establishing Improvement Project No. 2002 -04, France Avenue Relocation h. Resolution Establishing Improvement Project Nos. 2002 -05, 06, and 07, Garden City South Street, Storm Drainage, and Utility Improvements Project i. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees 7. Public Hearing a. Revisions to Animal Ordinances -An Ordinance Amending Chapter 1 of the City Ordinances Relating to Private Kennel Licenses and Limitations on Animals -An Ordinance Amending Chapter 19 of the City Ordinances Relating to Limitations on Keeping of Animals -Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinances. 8. Planning Commission Items a. Planning ommission Application No. 2001 -009 Submitted b BKV Group. Request g PP Y p q for Rezoning and Site and Building Plan approval through the Planned Unit Development (PUD) process for the development of a four building, 45,029 sq. ft., mixed use commercial /retail development on 5.6 acres located at the northeast corner of 69 Avenue North and Brooklyn Boulevard. The Planning Commission recommended approval of this application at its May 17, 2001 meeting. 1. Resolution Regarding Disposition of Planning Commission Application No. 2001 -009 Submitted by BKV Group. 2. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (NE Quadrant of 69 and Brooklyn Boulevard). *Requested Council Action: - Motion to adopt resolution. - Motion to approve first reading of ordinance and set second reading and public hearing for June 25, 2001. CITY COUNCIL AGENDA -3- May 29, 2001 ** *REVISED * ** b. Planning Commission Application No. 2001 -010 Submitted by Loucks Associates. Request for Preliminary Plat approval to subdivide 5.6 acres of land at the northeast corner of 69` Avenue North and Brooklyn Boulevard into four lots. The Planning Commission recommended approval of this application at its May 16, 2001 meeting. • Requested Council Action: - Motion to adopt Planning Commission Application No. 2001 -010 subjectto the conditions recommended by the Planning Commission. C. Planning Commission Application No. 2001 -011 Submitted by GPD Associates. Request for Site and Building Plan approval and a Special Use Permit to construct a 3,142 sq. ft. combined Kentucky Fried Chicken and A & W restaurant along Brooklyn Boulevard, south of 55 " Avenue North. The Planning Commission recommended approval of this application at its May 16, 2001 meeting. • Requested Council Action: - Motion to adopt Planning Commission Application No. 2001 -011 subject to the conditions recommended by the Planning Commission. 9. Council Consideration Items a. Resolution Expressing Recognition and Appreciation for the Dedicated Public Service of Barbara Johnson • Requested Council Action: - Motion to adopt resolution. b. Resolution Expressing Recognition and Appreciation for the 26 Years of Dedicated Public Service of Sergeant David Grass with the City of Brooklyn Center *Requested Council Action: - Motion to adopt resolution. C. An Ordinance Amending Chapter 23 Relating to the Licensure of Massage in the City *Requested Council Action: - Motion to approve first reading and set second reading and public hearing for June 25, 2001. d. Resolution Authorizing Execution of a Grant Agreement with the Department of Children, Families, and Learning for a Grant for a Youth Activities Center at Grandview Park • Requested Council Action: - Motion to adopt resolution. CITY COUNCIL AGENDA 4- May 29, 2001 ** *REVISED * ** e. Status Report Re: TH 100 Project • Requested Council Action: -None, report only. f. Resolution Amending Right -of -Way Acquisition Agreement for Widening of Brooklyn Boulevard • Requested Council Action: - Motion to adopt resolution. 10. Adjournment I i City Council Agenda Item No. 6a . MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MAY 14, 2001 CONFERENCE ROOM B CALL TO ORDER STUDY SESSION The Brooklyn Center City Council met in study session and was called to order by Mayor Myrna Kragness at 6:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also Present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, and Deputy City Clerk Maria Rosenbaum. Others present were Marilynn Corcoran, Hennepin Recycling Group Coordinator. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Council discussed agenda items l Od, l Of, l Og, l Oh, and l Ok. PRESENTATION BY MARILYNN CORCORAN, HENNEPIN RECYCLING GROUP, REGARDING PROPOSED RECYCLING PICK -UP AND GENERAL CITY ONE TIME PICK UP Marilynn Corcoran, Hennepin Recycling Group Coordinator, presented a brief history of the curbside recycling program which started in the spring of 1989, provided information to the Council on the curbside recycling pilot program that has been in progress in the cities of New Hope, Crystal, and Brooklyn Center, and requested consideration from the Council to have the Hennepin Recycling Group (HRG) negotiate expanding the program with Waste Management citywide. Ms. Corcoran informed the Council that the experimental use of the rollout carts for curbside recycling has been well received. HRG was evaluating a proposal to have rollout carts used in all areas. The only drawback would be the storage of the rollout carts. The cost increase would be $.20 per month per household for rollout carts to amortize the cost of equipment. There has not been a fee increase for recycling for several years. 05/14/01 -1- DRAFT Ms. Corcoran discussed the proposal to add an annual citywide cleanup collection for a fee of approximately $13 per year (still to be negotiated) to expand the current service provided by Waste Management to include a once a year curbside, by zone, of items such as general junk, carpet and pad, lumber, mattress, scrap metal, appliances (limit 2), unusable furniture, construction materials, and brush. All acceptable items would have detailed weight limit instructions, size limitations, and preparation rules. It was the consensus of the Council to discuss these matters at the worksession on May 21, 2001. DISTRICT 281 GRANT WRITING FUNDING REQUEST City Manager Michael McCauley discussed the request received from Mayor Anderson of Golden Valley soliciting funding for a District 281 grant - writing proposal. After reviewing the request with Kathleen Roach of Northwest Hennepin Human Services Council it was determined that the request could be duplicating efforts undertaken by Northwest Hennepin Human Services Council. It was the consensus of the Council that this request would be redundant. MISCELLANEOUS Council discussed recognitions for future Council meetings and the possible site for a Twins Stadium in Brooklyn Center. Councilmember Peppe informed the Council that he was meeting with the Twins Lobbyist on May 15, 2001, and will inform the Council if there is any interest in a site in Brooklyn Center. It was the consensus of the Council to discuss this matter at the worksession on May 21, 2001. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Nelson to adjourn the study session at 6:50 p.m. City Clerk Mayor 05/14/01 -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 14, 2001 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Council continued from the study session into informal open forum at 6:50 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. No one wished to address the Council. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Nelson to adjourn informal open forum at 6:50 p.m. Motion passed unanimously. 2. OPENING CEREMONIES 2a. INVOCATION A moment of silence was observed. 2b. ADMINISTER CEREMONIAL OATH OF OFFICE City Clerk Sharon Knutson administered a ceremonial Oath of Office to Councilmember Ricker. 05/14/01 -1- DRAFT 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:02 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. COUNCIL REPORT Councilmember Nelson reported that he attended the following events in April and May. April 24, 2001, Earle Brown Days Board of Directors, April 25, 2001, Northwest Hennepin meeting and Metro Sports Commission meeting, April, 26, 2001, Metro Sports Commission meeting and a Smart Growth session, May 3, 2001, 23r Annual Prayer Breakfast, May 8, 2001, Groundbreaking for new resource center and a DARE Graduation, May 9, 2001, a DARE Graduation, and on May 10, 2001, an ARM meeting. Councilmember Lasman reported that on April 24, 2001, she attended a program on violence prevention. Councilmember Ricker reported that he attended the ARM meeting on May 10, 2001, and that on June 14, 2001, there will be a bus tour of the local apartments in the City of Brooklyn Center. Mayor Kragness reported that there would be an Open House at the Public Works Garage on May 24, 2001, from 4:00 p.m. to 7:00 p.m. and that there are openings on the Housing and Park and Recreation Commissions. 6. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the agenda and consent agenda. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the minutes from the April 18, 2001, special session, the April 23, 2001, study and regular sessions, the May 2, 2001, special session, and the May 7, 2001, board of equalization. Motion passed unanimously. 05/14/01 -2- DRAFT 6b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the following list of licenses. Motion passed unanimously. MECHANICAL Air Masters Inc. 14690 Galaxie Ave. #104, Apple Valley Associated Mechanical Contractors 1257 Marshall Road, Shakopee Countryside Heating and Cooling 6511 Highway 12, Maple Plain Delmar Furnace Exchange 4120 83rd Avenue North, Brooklyn Park Dependable Indoor Air 2619 Coon Rapids Boulevard, Coon Rapids Northland Mech Contractors 2900 Nevada Avenue North, New Hope NSI Mechanical Contracting 2300 Territorial Road, St. Paul United Heating and A/C 1295 Hackamore Road, Medina MOTOR VEHICLE DEALERSHIP Bob Ryan Oldsmobile 6700 Brooklyn Boulevard Brookdale Dodge, Inc. 6800 Brooklyn Boulevard Brookdale Ford, Inc. 2500 County Road 10 Iten Chevrolet Company 6701 Brooklyn Boulevard RENTAL Renewal: Humboldt Square Apartments Tim and Mary Jo Keenan Summerchase Apartments B.C. Leased Housing Association 5001 Ewing Avenue North Bartholomew Dabrowski 4210 Lakebreeze Avenue North James & Bobbie Simons 2812 O'Henry Road Teresa Williams 6221 Shingle Creek Parkway Cyril Sheehy Initial: 6507 Ewing Avenue North Judith Farrier SIGN HANGER Scenic Sign Company 828 So 5" Street, Sauk Rapids Universal Sign Company 1033 Thomas Ave, St. Paul is 05/14/01 -3- DRAFT 6c. APPROVAL OF NEW ON -SALE INTOXICATING CLASS B LIQUOR LICENSE FOR BROOKLYN PROPERTY LLC DBA HOLIDAY INN NORTH A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve new on -sale intoxicating liquor license for Brooklyn Property LLC dba Holiday Inn North. Motion passed unanimously. 7. APPEARANCES -TRUNG NGUYEN, DARE GRADUATE AND DARE OFFICERS MESSENBRINK AND COLEMAN Officers Gary Coleman and Clark Messenbrink addressed the Council to share their responsibilities with the DARE Program and to introduce Trung Nguyen. Trung Nguyen addressed the Council to read his essay. Mayor Kragness commended and the Council applauded Mr. Nguyen on his essay. 8. RECOGNITION OF BROOKLYN CENTER POLICE EXPLORER POST 888 - RESOLUTION CONGRATULATING BROOKLYN CENTER POLICE EXPLORER POST 888 Mayor Kragness read the resolution congratulating Brooklyn Center Police Explorer Post 888. Detective Peggy Broberg- Jackson addressed the Council to share that the Explorer Post 888 meets once a week and learns the responsibilities of the Brooklyn Center Police Officers. RESOLUTION NO. 2001-62 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION CONGRATULATING BROOKLYN CENTER POLICE EXPLORER POST 888 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 9. PUBLIC HEARINGS 9a. ANIMAL REGULATIONS 1. AN ORDINANCE AMENDING CHAPTER 1 OF THE CITY ORDINANCES ELIMINATING DOG LICENSES 05/14/01 -4- DRAFT 2. AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES REGARDING LIMITATIONS ON KEEPING OF ANIMALS City Manager Michael McCauley discussed that the City Council had directed staff to have ordinance amendments prepared by the City Attorney to eliminate dog licenses in the City of Brooklyn Center (Chapter 1) and to draft language regarding live wild animals to ensure that the City can prohibit the wild animals (Chapter 19). The first reading for these ordinances was approved on April 9, 2001, and is offered this evening for second reading and public hearing. A motion by Councilmember Peppe, seconded by Councilmember Lasman to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2001-07 Councilmember Nelson introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 1 OF THE CITY ORDINANCES ELIMINATING DOG LICENSES The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Lasman. Motion passed unanimously. ORDINANCE NO. 2001-08 Councilmember Nelson introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES REGARDING LIMITATIONS ON KEEPING OF ANIMALS The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Lasman. Motion passed unanimously. 05/14/01 -5- DRAFT 9b. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (RIVERWOOD ESTATES) Mr. McCauley discussed this ordinance amendment regarding the zoning classification of certain land (Riverwood Estates) which would change the zoning designation listed in the Zoning Ordinance from C -1 (Service /Officer) to PUD/R -3 (Planned Unit Development/Multiple Family Residence) is in the process of being final platted and it is recommended that the City Council open the public hearing, take public input, and table the ordinance amendment until such time as the final plat is filed with Hennepin County and the legal description established. A motion by Councilmember Lasman, seconded by Councilmember Nelson to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Nelson, seconded by Councilmember Lasman to table the ordinance amendment until such time as the final plat is filed with Hennepin County and the legal description established. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. PROCLAMATION DECLARING MAY 20-26,2001, PUBLIC WORKS WEEK IN BROOKLYN CENTER Public Works Director Diane Spector discussed that during Public Works Week May 20 through 26, 2001, there will be an Open House with many exhibits and events at the Central Garage, 6844 Shingle Creek Parkway, from 4:00 p.m. to 7:00 p.m. The last time an Open House was held five years ago with approximately 1,000 visitors. A motion by Councilmember Lasman, seconded by Councilmember Nelson to adopt proclamation declaring May 20 -26, 2001, Public Works Week in Brooklyn Center. Motion passed unanimously. 10b. PROCLAMATION DECLARING MAY 13 THROUGH 19, 2001, AS POLICE WEEK Councilmember Lasman read the proclamation declaring May 13 through 19, 2001, as Police Week. A motion by Councilmember Peppe, seconded by Councilmember Nelson to adopt proclamation declaring May 13 through 19, 2001, as Police Week. Motion passed unanimously. 05/14/01 -6- DRAFT i I • loc. PROCLAMATION DECLARING AUGUST 5, 2001, AS NATIONAL KIDSDAY Mayor Kragness read the proclamation declaring August 5, 2001, as National KidsDay. A motion by Councilmember Lasman, seconded by Councilmember Nelson to adopt proclamation declaring August 5, 2001, as National KidsDay. Motion passed unanimously. 10d. RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT FOR IMPROVEMENTS TO WILLOW LANE Mr. McCauley discussed that the Council received a petition at its April 9, 2001, meeting from property owners along Willow Lane between I -694 and the dead end north of 66 Avenue. On April 26, 2001, the Council declared the petition adequate and ordered staff to prepare a feasibility report. A feasibility report had been prepared and it is recommended that the improvements to the section of Willow Lane, between the I -694 and the dead end north of 66"' Avenue, are not feasible or cost effective to complete in 2001. The improvements will be considered in the Capital Improvement Program between 2003 and 2005 for further Council consideration. Pat and Ron Schmidt, 6518 Willow Lane, addressed the Council to discuss the petition and their concerns with the feasibility report. Ms. Schmidt informed the Council that they had canvassed the neighbors and apologized for not being present when the petition was submitted to the Council and for the incorrect request of having the improvements finished in 2001. Council discussed the possibility of having the developer earmark money for the project and future projects in the City, and what the cost would be to the residents for these improvements. Mr. Schmidt requested that he would like to stay within a 60/40 percent and have the improvements done in 2002 -2005. He asked when they should approach the issue again. Mayor Kragness informed Mr. Schmidt that the Council would consider the area when they are reviewing the Capital Improvements Program for 2002 -2005. RESOLUTION NO. 2001 -63 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT FOR IMPROVEMENTS TO WILLOW LANE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 05/14/01 -7- DRAFT 10e. RESOLUTION DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM JUNE 21 THROUGH JUNE 23, 2001 RESOLUTION NO. 2001-64 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM JUNE 21 THROUGH JUNE 23, 2001 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 10f. RESOLUTION OF THE CITY OF BROOKLYN CENTER, MINNESOTA AUTHORIZING THE ISSUANCE OF ITS VARIABLE RATE DEMAND REVENUE REFUNDING BONDS (BROOKDALE CORPORATE CENTER H PROJECT), SERIES 2001 IN THE AGGREGATE PRINCIPAL AMOUNT OF $8,100,000; PRESCRIBING THE FORM OF AND AUTHORIZING THE EXECUTION OF AN INDENTURE OF TRUST, A LOAN AGREEMENT AND CERTAIN RELATED DOCUMENTS; AUTHORIZING THE EXECUTION AND SALE OF THE BONDS AND DIRECTING DELIVERY THEREOF; CONSENTING TO THE DISTRIBUTION OF THE OFFICIAL STATEMENT; AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES OF THE OWNERS OF SAID REVENUE BONDS Mr. McCauley discussed this resolution and the resolution in agenda item l Og relate to Brookdale Corporate Centers II and III. Last year the corporate centers had transferred ownerships and these resolutions would authorize the current owners the issuance of variable rate demand revenue refunding bonds that would reduce the cost to a lower interest rate to facilitate the reinvestment being made by the new owners in the office buildings. RESOLUTION NO. 2001-65 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION OF THE CITY OF BROOKLYN CENTER, MINNESOTA AUTHORIZING THE ISSUANCE OF ITS VARIABLE RATE DEMAND REVENUE REFUNDING BONDS (BROOKDALE CORPORATE CENTER II PROJECT), SERIES 2001 IN THE AGGREGATE PRINCIPAL AMOUNT OF $8,100,000; PRESCRIBING THE FORM OF AND AUTHORIZING THE EXECUTION OF AN INDENTURE OF TRUST, A LOAN AGREEMENT AND CERTAIN RELATED DOCUMENTS; 05/14/01 -8- DRAFT S AUTHORIZING THE EXECUTION AND SALE OF THE BONDS AND DIRECTING DELIVERY THEREOF; CONSENTING TO THE DISTRIBUTION OF THE OFFICIAL STATEMENT; AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES OF THE OWNERS OF SAID REVENUE BONDS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. log. RESOLUTION OF THE CITY OF BROOKLYN CENTER, MINNESOTA AUTHORIZING THE ISSUANCE OF ITS VARIABLE RATE DEMAND REVENUE REFUNDING BONDS (BROOKDALE CORPORATE CENTER III PROJECT), SERIES 2001 IN THE AGGREGATE PRINCIPAL AMOUNT OF $5,100,000; PRESCRIBING THE FORM OF AND AUTHORIZING THE EXECUTION OF AN INDENTURE OF TRUST, A LOAN AGREEMENT AND CERTAIN RELATED DOCUMENTS; AUTHORIZING THE EXECUTION AND SALE OF THE BONDS AND DIRECTING DELIVERY THEREOF; CONSENTING TO THE DISTRIBUTION OF THE OFFICIAL STATEMENT; AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES OF THE OWNERS OF SAID REVENUE BONDS Stu Stender, President of BCC Associates, addressed the Council to discuss the progress of the two corporate centers. Mr. Stender outlined the negative impact that the orphanage proposal had made on the market and occupancy causing drops in both. RESOLUTION NO. 2001-66 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION OF THE CITY OF BROOKLYN CENTER, MINNESOTA AUTHORIZING THE ISSUANCE OF ITS VARIABLE RATE DEMAND REVENUE REFUNDING BONDS (BROOKDALE CORPORATE CENTER III PROJECT), SERIES 2001 IN THE AGGREGATE PRINCIPAL AMOUNT OF $5,100,000; PRESCRIBING THE FORM OF AND AUTHORIZING THE EXECUTION OF AN INDENTURE OF TRUST, A LOAN AGREEMENT AND CERTAIN RELATED DOCUMENTS; AUTHORIZING THE EXECUTION AND SALE OF THE BONDS AND DIRECTING DELIVERY THEREOF; CONSENTING TO THE DISTRIBUTION OF THE OFFICIAL STATEMENT; AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES OF THE OWNERS OF SAID REVENUE BONDS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 05/14/01 -9- DRAFT 10h. DISCUSSION OF RENTAL LICENSE FEES Mr. McCauley discussed staff had prepared a summary of rental license fees from surrounding municipalities and requested direction from the Council on whether or not to have the rental license fees increased. The rental license fees have not been increased since 1997 and as indicated in the materials, Brooklyn Center has substantially low rental fees. Council discussed and was in consensus to have materials provided to them regarding the cost breakdown for regulating rental units, how much the increase was in 1997, what other municipalities have done in the past with increases and how often they increase their fees. These materials will be brought back to the Council in two to four weeks. 10i. DISCUSSION OF MASSAGE ORDINANCE Mr. McCauley discussed that the City Attorney had prepared an ordinance amendment regarding the recent request from a resident to provide massage out of a tanning salon and that if the Council was favorable of this ordinance amendment it would be suggested to direct staff to set first reading for the next Council meeting. This ordinance amendment would add definitions for bona fide health clubs, qualifications, and recognized schooling, and would exempt from licensure for barbershops, hair or beauty salons, or for bona fide health clubs and provides guidelines for massage in public places. It was the consensus of the Council to set first reading for May 29, 2001. 10j. RESOLUTION AMENDING CERTAIN SPECIAL REVENUE FUND 2000 BUDGETS Mr. McCauley discussed this resolution is a housekeeping item that would amend certain special revenue fund budgets for 2000. RESOLUTION NO. 2001-67 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AMENDING CERTAIN SPECIAL REVENUE FUND 2000 BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 05/14/01 -10- DRAFT • 10k. STATUS REPORT RE: NEW CENTERBROOK STORAGE BUILDING Mr. McCauley discussed the Council previously received reports regarding the new storage building at Centerbrook Golf Course. The report that was provided in the materials was for reporting purposes and there is no action requested unless the Council had a request. Council discussed the report and the removal of both tennis courts. Public Works Director Diane Spector discussed the types of repair for the tennis courts and informed the Council that the Park and Recreation Commission did recommend approval of removing both tennis courts. 101. RESOLUTION IN SUPPORT OF AFTER SCHOOL ENRICHMENT GRANT FUNDING Mr. McCauley discussed this resolution would support funding for the valuable After School Enrichment Grant Program which is in jeopardy at this time. RESOLUTION NO. 2001-68 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION IN SUPPORT OF AFTER SCHOOL ENRICHMENT GRANT FUNDING The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 11. ADJOURNMENT A motion by Councilmember Peppe, seconded by Councilmember Nelson to adjourn the City Council meeting at 8:16 p.m. Motion passed unanimously. City Clerk s Mayor 05/14/01 -11- DRAFT City Council Agenda Item No. 6b City of Brooklyn Center A Millennium Community TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: May 23, 2001 SUBJECT: Licenses for Council Approval The following companies /persons have applied for City licenses as noted. Each company /person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Licenses to be approved by the City Council on May 23, 2001. GASOLINE SERVICE STATION Hark's Company 1108 New Brighton Boulevard, Minneapolis MECHANICAL Heating and Cooling Two Inc. 18550 County Road 81, Maple Grove J.T. Enterprises 1400 Goose Lake Road, Gem Lake Knight Heating and Air Cond. 10413 61 t Street NE, Albertville Managed Services Inc. 6500 Oxford Street, St. Louis Park RENTAL Renewal: 2812 O'Henry Road Teresa Williams Initial: SIGN HANGER Arrow Sign Company 13735 Aberdeen St NE, Ham Lake TOBACCO RELATED PRODUCTS Hark's Company 1108 New Brighton Boulevard, Minneapolis 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 r (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 • City Council Agenda Item No. 6e ��aoK�Ye cfHr BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: City Manager Michael McCauley FROM: Joel Downer, Chief of Po1 ice v'" DATE: May 22, 2001 SUBJECT: Special Events Liquor License Scoreboard Pizza has applied for a special events liquor license allowing them to sell 3.2 beer at the Dudley softball tournament on June 15 -17, 2001. Scoreboard Pizza has provided a copy of the required liability insurance and has a history of complying with local ordinances and state statutes that regulate the sale of alcoholic beverages. I recommend that Scoreboard Pizza be issued a special events license allowing them to sell 3.2 malt liquor at Brooklyn Center Central Park during the Dudley softball tournament. Dates and hours of operations: June 15, 2001 5:00 pm -1:00 am June 16, 2001 9:00 am - 1:00 am June 17, 2001 12 noon - 7:00 pm JD:kh I City Council Agenda Item No. 6d There are no materials for this item. I City Council Agenda Item No. 6e MEMORANDUM DATE: May 22, 2001 TO: Michael McCauley, City Manager FROM: Todd Howard, City Engineer`#' SUBJECT: Resolution Approving Final Plat, MEDTRONIC SHINGLE CREEK ADDITION On February 26, 2001, the City Council approved the Preliminary Plat. The property owner, Medtronic, Inc., has submitted an application for Final Plat. The purpose of this plat is to combine three contiguous parcels of land owned by Medtronic, Inc. at 6700 through 6800 Shingle Creek Parkway into a single parcel of land approximately 19 acres in size. The zoning ordinance requires that multiple parcels of land be combined when they are contiguous, under common ownership and serve a single development. The Plat of MEDTRONIC SHINGLE CREEK ADDITION is recommended for final approval. ` V. z �p��Q� OMF 'N 'N01ONlAwle ` ��7st '•' ••P°A+°'Y '�.wT'••o AlNnoo NIJ3NN3H ,1 �W! 1 I ) I p 1$ H16G A OZ 'N W �' •®' " A 7•• NM Y rrYO W '1111 a0 NA"DIOOHB �� CJ UE'/INO rl Ji c� OG:I ��I 1 v+nua. .tM%d 37DNIH8 OOi ous jO 30NVITN'M1f11O311KIW S2lO.l3Atln5 aNVI .,•••1•SI N •Ni• •a N ., w w 1. Z «pZ � IV J1WNIWIl3ad oNl '•00 NOSNHOr s ANWH <p �--- �W N "" •• •••«.. »-�»• •• -'w•- ,. �...� °� Soarlvl wo•+ YYi allow ,KFID 03Wd3fd A3NNnS . •"^ PAn jj r. nw- r ..+.rv."•r..,_•,•• w1e•wwo Ndt •,Inq axa I Nom y, �� °O �.w�w o I I •ns•.••rc� I . I /• .•� ►MU •,_^i1 WMN ' I 1J• I L -- �w.r•r..a..sr,��..•,•c• l it ,l , i0'i►i M N SMASH V4.SNM -- w rwaw ON3031 411 t \ IIn „�w'1 ,•�, „•, _I V••AI rV�••w / / '^ (1''p II \ �� \ C� " "; •`•;\ \\ I ,fir �600SY - 1KVtlQlH 111N d01 Y% `� >'a•n IgrljY / / / � `. i I' � \\\\ I i�` \� ' i ill. 4 iii ° j [ ASHI M C I \ ` i / I •n1 �'ii, 1 , __ — ,- - � -y • �� . +� \ .1�� \ \ \ \ 13if 00 llJq! t $7V06 Wil w IMM IS ' � � � - �, • , � � 'L�'J ii i �� \ \ \\ \))\\ \\\l� \`v i � `tin ` J L —_ c _ _ I f � • • i� t � I 111 \' "\ \ ,/ / ' +i' 1 _ _ _ _ _ _ _ -- (t �1. 'J �' Iw 1 � si tV l �a�. •a: s .a , Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT, MEDTRONIC SHINGLE CREEK ADDITION WHEREAS, the Planning Commission on February 15, 2001 recommended approval of the MEDTRONIC SHINGLE CREEK ADDITION; and WHEREAS, the City Council on February 26, 2001 approved of the Preliminary Plat of the MEDTRONIC SHINGLE CREEK ADDITION; and WHEREAS, Medtronic Inc. has applied for Final Plat approval as required by City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the final PLAT for MEDTRONIC SHINGLE CREEK ADDITION is hereby approved subject to the following conditions: 1. Any additional requirements of the City Engineer or City Attorney. 2. Any additional provisions of Chapter 15 of the City Ordinances. 3. Any other conditions of Hennepin County as required. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i City Council Agenda Item No. 6f MEMORANDUM DATE: May 23, 2001 TO: Michael J. McCauley, City Manager FROM: Todd Howard, City Engineer 10 SUBJECT: Resolution Establishing Improvement Project Nos. 2002 -01, 02, and 03, Southwest Area Street, Storm Drainage, and Utility Improvements On February 26, 2001 the City Council authorized a professional service contract for design, inspection and administration of the proposed Southwest Area Street, Storm Drainage and Utility Improvements. The proposed project is identified in the Capital Improvement Program for the year 2002. Council action is required at this time to formally establish the project. Approximately 1.7 miles of local streets and approximately 0.8 miles of Municipal State -Aid roadway in the Southwest Area are proposed for reconstruction in 2000. This proposed area includes streets south of Northport School and North of 53rd Avenue, France Avenue between 50th Avenue and 53rd Avenue, residential streets in the vicinity of Twin Lake Beach Park (see attached map). The data collection, sewer televising, and geotechnical investigation is being conducted by SEH, Inc. in accordance with the professional service agreement. Data collection has begun and the first public involvement meeting will be scheduled in November. It is proposed that any recommended improvements would be constructed simultaneously with the France Avenue Connection project scheduled to begin in the spring of 2002. It is recommended that City Council adopt the attached resolution formally establishing the Southwest Area Improvement Project. SOUTHWEST AREA IMPROVEMENTS CITY PROJECT 2002 - 01 02 03 Z j i 1 Ll NORTHPORT' 0 0 / o iIllilj PARK Ld —L� F LL Its co Lli �54TH. jA . ............ ... ............... nix Ll .............. 55! WD A El N ..................... .... ..... 11 ......................... . ..... .......... ............................... ............................................................................................ ....................... .................. ........... . . . . . . . . . . . . LAKESIDE PARK AK ST. 100 HAPPY I -- C \ HOLLOW : AVL 7 IAKEBREE • _ J . - �J.� L � Q = lam` � 1 E .! I t LAKE . , 1 l -e AV IL E' N BEA H P A rn Member introduced the following resolution and moved its ® adoption: RESOLUTION NO. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 2002 -01, 02, AND 03, SOUTHWEST AREA STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, the City's Capital Improvements Program identifies specific streets for proposed infrastructure improvements in 2002; and WHEREAS, the City Council has approved a professional service agreement for the proposed project; and WHEREAS, the City Council desires to begin the process of information gathering and solicitation of public comments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Improvement Project Nos. 2002 -01, 02, and 03, Southwest Area Street, Storm Drainage, and Utility Improvements, are hereby established. 2. Staff and consultants are directed to begin field work, contact property owners in the neighborhood and obtain comments and input, and hold public informational meetings for property owners in the neighborhood where improvements are proposed. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: • and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 6g MEMORANDUM DATE: May 23, 2001 TO: Michael J. McCauley, City Manager FROM: Todd Howard, City Engineer SUBJECT: Resolution Establishing Improvement Project No. 2002 -04, France Avenue Connection Project On February 26, 2001 the City Council authorized a professional service contract for design, inspection and administration of the proposed France Avenue Connection. The proposed project is also identified in the Capital Improvement Program for the year 2002. Council action is required at this time to formally establish the project. The proposed France Avenue Connection Project is an extension of 50` Avenue and Azelia Avenue (see . attached map). An executed Memorandum of Understanding between the City of Brooklyn Center and the Minnesota Department of Transportation outlines the costs and responsibilities of the road construction and future maintenance. The design, data collection, and geotechnical investigation is being conducted by SEH, Inc. in accordance with the professional service agreement. Data collection has begun and the design is underway. SEH, Inc. is awaiting a profile grade of the Canadian Pacific Railroad. Final alignment, grades and coordination with the Pollution Control Agency will continue upon receipt of that information. It is recommended that City Council adopt the attached resolution formally establishing the France Avenue Connection Project. FRANCE AVENUE RELOCATION IMPROVEMENT PROJECT 2002 04 0 I -jZR I- N 4 I �_ I- - 7T VF LAKESIDE PARK -T < 100 HAPPY H, 0L L 0 W P ARK ................. ............ ........... 50T AVE. 'bO I H L-L AVL, Z - 7 AVF LAKEBREEZE A AW-- IN LAKE p > z 47TH AVE. N BEA `H PA. 0 In Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 2002 -04, FRANCE AVENUE CONNECTION PROJECT WHEREAS, the City's Capital Improvements Program identifies the France Avenue Connection Project for proposed infrastructure improvements in 2002; and WHEREAS, the City Council has approved a professional service agreement for the proposed project; and WHEREAS, the City Council desires to continue the process of information gathering and solicitation of public comments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Improvement Project No. 2002 -04, France Avenue Connection Project is hereby established. 2. Staff and consultants are directed to begin field and design work. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • City Council Agenda Item No. 6h MEMORANDUM S DATE: May 23, 2001 TO: Michael J. McCauley, City Manager FROM: Todd Howard, City Engineer � SUBJECT: Resolution Establishing Improvement Project Nos. 2002 -05, 06, and 07, Garden City South Street, Storm Drainage, and Utility Improvements The 5 -year CIP adopted last year included a schedule for street and utility improvement projects. Pursuant to that schedule, this item requests the Council to establish one of the two major neighborhood improvement projects for the 2002 construction season so that initial work may begin. In 2002, the City will be entering the 9th year of its long -range street and utility rehabilitation program, referred to as the Neighborhood Street and Utility Improvement Program, or the Neighborhood Improvement Program. The program has consisted of a systematic rehabilitation and /or replacement of the City's infrastructure. This has included the rebuilding of streets with bituminous pavement and concrete curb and gutter, replacement of aging and deteriorating water and sewer facilities, and the construction of new storm sewer and drainage facilities. In addition, other neighborhood improvements are considered as part of the projects, including park and lighting improvements, landscape improvements, and traffic improvement considerations. Approximately 2.8 miles of local streets and approximately 1.0 miles of Municipal State -Aid roadway in the Garden City South Neighborhood are proposed for reconstruction in 2000. This proposed area includes all streets located between 59th and 61 st Avenue, and streets west of Upton Avenue and east of Brooklyn Boulevard (see attached map). Typically, in order for a project to be completed within a specified calendar year, preliminary design must commence almost one year in advance. This includes initiation of the public notification and participation process that consists of notification of all affected property owners; surveys; at least two public informational meetings; and an extensive amount of information and data collection. Initial design also includes detailed technical field survey work, underground infrastructure inspections and assessments, and soil /geotechnical investigations. Maintenance records are also collected to pinpoint problem areas. Costs for sewer televising, survey work and geotechnical investigation are estimated at approximately $50,000.00. Action The action requested of the City Council at this time is therefore to establish the proposed 2002 Garden City South improvement project so that initial field work and data gathering can continue. Upon authorization of the City Council, the following actions would take place: • Continue Data Collection • Complete a request for proposals for televising sanitary sewers and gathering soil boring information. • Conduct an initial public informational meeting in mid to late November to present initial findings to the neighborhood and gauge public interest in the improvement projects. Special attention would be paid this year to highlighting impact on boulevard trees. • If neighborhood reaction is positive, staff would proceed to more detailed design, and would hold a second public informational meeting in January. • Again, if neighborhood reaction continues to be positive, the City Engineer would prepare a Feasibility Study for the Council to review, and the Council would consider setting a date in February for a project hearing. Note: For the Council's information, the table below summarizes progress to date on the Neighborhood Improvement Program. Table 1 Street and Utility Project Mileage Major Projects I Local I MSA I Total 1985 -1993 I I 1.38 I 4.76 I 6.16 16% 1994 Northwest; James /Knox,53rd to 55th 1.67 0.25 1.92 1995 Woodbine; Freeway Blvd; Humboldt, 69th to 73rd 2.73 1.97 4.70 1996 Orchard East; 69th; Logan/James/Knox /57th; Xerxes /53rd 5.59 2.08 7.67 1997 Orchard West; France, 69th to 73rd 4.81 0.50 5.31 1998 Bellvue; Lee /68th; James /67th; John Martin Dr 3.22 0.77 3.99 1999 Southeast; Earle Brown Dr; 66th /Camden 4.27 0.44 4.71 2000 Garden City Central; 73rd, Humboldt to Camden 3.25 0.94 4.19 1994 -2000 25.54 6.95 32.49 31% 2001 Garden City North; Halifax/Grimes/France 3.52 - 3.52 2002 Garden City South; Southwest Area; France Avenue Connection 4.81 2.07 6.88 2003 Happy Hollow 1.62 1.62 2004 Tangeltown South, Shingle Creek Pkwy 2.42 1.15 3.57 2005 Tangeltown North 1.74 1.74 2001 -2005 13.87 3.48 17.34 17% 2006 -2010 13.92 4.48 18.40 18% 2011- I - - I 26.80 I 3.09 I 29.89 128% TOTAL I I 84.46 I 21.06 I 105.52 s '6 94 / 94 GARDEN CITY SOUTH PROPOSED RECONSTRUCTION AREA X - a� z , f N 0 — 01-H z' — � I Z Q N LY — W lauj 0 _ � � � I W m W X AVE. I I No Nw,� r R. r p 10 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 2002 -05, 06, AND 07, GARDEN CITY SOUTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, the City's Capital Improvements Program identifies specific streets for proposed infrastructure improvements in 2002; and WHEREAS, the City Council has reviewed the improvements proposed for 2002 in the Garden City South neighborhood; and WHEREAS, the City Council desires to begin the process of information gathering and solicitation of public comments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Improvement Project Nos. 2002 -05, 06, and 07, Garden City South Street, Storm Drainage, and Utility Improvements, are hereby established. 2. Staff are directed to begin field work, contact property owners in the neighborhood and obtain comments and input, and hold public informational meetings for property owners in the neighborhood where improvements are proposed. 3. Estimated project costs for preliminary field work, geotechnical investigation and sewer televising are as follows: COST AMOUNT Televising $ 7,000.00 Geotech & Survey $43,000.00 Estimated Costs $50,000.00 REVENUES AMOUNT Sanitary Sewer Fund $ 7,000.00 is Special Assess. Const. Fund - $43,000.00 Estimated Revenues $50,000.00 s RESOLUTION NO. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the followin g g voted against the same: whereupon said resolution was declared duly passed and adopted. i I Il i City Council Agenda Item No. 6i MEMORANDUM DATE: May 23, 2001 TO: Michael J. McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide # i SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees The attached resolution represents the official Council action required to expedite removal of the trees most recently marked by the City tree inspector, in accordance with approved procedures. It is anticipated that this resolution will be submitted for council consideration each meeting during the summer and fall as new trees are marked. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The diseased trees at the following addresses are hereby declared to be a public nuisance: TREE PROPERTY OWNER PROPERTY ADDRESS NUMBER PATRICK & KAREN TYSON 5829 ALDRICH AVE N 1 MARY RIVIERE 3119 THURBER AVE N 2 KRISTY KOLLES 5225 EWING AVE N 3,5 MICHAEL & CHARICE GOUDE 381256 TH AVE N 4 DAVID & DIANE IVERSON 6431 MARLIN DR 6, 7 2. After twenty (20) days from the date of the notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. All removal costs, including legal, financing, and administrative charges, shall be specially assessed against the property. Date Mayor S ATTEST: City Clerk RESOLUTION NO. The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • i City Council Agenda Item No. 7a City of Brooklyn Center A Millennium Community To: Mayor Kragness and Co cil Members Lasman, Nelson, Peppe, and Ricker From: Michael J. McCauley City Manager Date: May 24, 2001 Re: Animal Ordinance Changes As has been discussed previously, one issue raised by the ordinance changes is the number of total animals allowed at a residence. The current ordinance would permit a total of 2 dogs and 3 cats for a combined total of 5 animals. The ordinance amendment reflecting the City Council's direction would keep the individual limits of 2 dogs and cats, but would reduce the total number of animals to 4. This may have the effect of causing people who are in compliance with the current ordinance to be rendered illegal after adoption of the ordinance amendment. Staff has discussed the situation and has no information available to quantify the number of residences where 2 dogs and 3 cats currently reside. It would also be difficult to articulate a mechanism to grandfather existing situations since we have no records on cats. The City Council may wish to re- consider whether the reduction from 3 cats to 2 cats in combination with 2 dogs is potentially problematic. 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 = (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 Office of the City Clerk City of Brooklyn Center A Millennium Community S MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk j - 4W DATE: May 24, 2001 SUBJECT: Public Hearings: 1. An Ordinance Amending Chapter 1 of the City Ordinances Relating to Private Kennel Licenses and Limitation on Animals 2. An Ordinance Amending Chapter 19 of the City Ordinances Relating to Limitations on Keeping of Animals The attached ordinance amendments are offered for second reading and public hearing on May 29, 2001. The City Council approved first reading of the ordinances on April 23, 2001. Notice of the public hearing was published in the May 2, 2001, Brooklyn Center Sun -Post. If adopted, effective date will be July 6, 2001. Materials that were included in the April 23, 2001, Council agenda packet are also attached. Since the drafting of these ordinance amendments, two private kennel license applications have been submitted to the City, one received April 18 and one received April 24 The process for submitting private kennel license applications was followed under the current ordinance, notifying neighbors within 150 feet of the property and requesting input, running a Police records check for dog complaints, and conducting a sanitation inspection of the property. Both applications were reviewed by the City Manager and were denied, but the applicants were given a period of six months to come into compliance with the ordinance allowing no more than two dogs on the premises. The applicants were notified and have until June 5, 2001, to submit a written request to appeal the City Manager's decision and request a public hearing before the City Council. If the City Council adopts the ordinance amendments to Chapters 1 and 19, there is new language that reads, "No new private kennel license will be issued on or after April 23, 2001." These ordinance amendments would not be effective until July 6, 2001, which would leave an interim period within which the current ordinance that provides for private kennel licenses is still effective. The two private kennel license applicants could request a public hearing before the City Council, and the date of public hearing would be June 25, 2001, which falls before the effective date of the ordinance amendments to Chapters 1 and 19. Attachments 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 = (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 Office of the City Clerk OX City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael I McCauley, City Manager FROM: Sharon Knutson, City Clerk t2"-'Kt� DATE: April 19, 2001 SUBJECT: 1. An Ordinance Amending Chapter 1 of the City Ordinances Relating to Private Kennel Licenses and Limitation on Animals 2. An Ordinance Amending Chapter 19 of the City Ordinances Relating to Limitations on Keeping of Animals At its April 2, 2001, work session, the City Council directed staff to prepare an ordinance amendment to Chapter 1 of the City Ordinances regarding animals. The City Council approved first reading of an ordinance to eliminate dog licensing at its April 9, 2001, meeting. Attached for City Council review is an ordinance amendment to Chapter 1 that would propose the following: 1. limit the number of dogs to be kept on a residential property to two (2), 2. keep the limit on the number of cats at three (3), 3. provide for a combination of animals not to exceed four (4) with no more than two (2) dogs in the four (4) animal combination, and 4. add a provision for those persons who currently have private kennel licenses that they may seek renewal of their private kennel license annually with proof of rabies vaccination and payment of $30 license fee until the excess animals that are currently listed on the private kennel license application are either removed from the premises or expire. Since Chapter 19 of the City Ordinances also addresses limitations on keeping of animals, an ordinance amending Chapter 19 has been prepared to be consistent with the draft amendment to Chapter 1. Attachments 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 29 day of May, 2001, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Chapter 1 of the City Ordinances Relating to Private Kennel Licenses and Limitation on Animals. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1 OF THE CITY ORDINANCES RELATING TO PRIVATE KENNEL LICENSES AND LIMITATION ON ANIMALS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 1 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section 1 -101. DEFINITIONS. The following terms, when used in this ordinance, have the meanings ascribed to them: 8. Private Kennel means any premises zoned or used for Rl and R2 purposes, as defined in the Brooklyn Center City Ordinances, on which three or more dogs or fo»r or more Gals six months old or older are kept or harbored as pets and not for selling, boarding, showing, treating, grooming or other commercial purposes. Section 1 -105. APPLICATION PROCEDURES AND ISSUANCE OF LICENSES. Applications for all licenses required by this ordinance shall be made to the City Clerk. 5. Application for Private Kennel License. � /- i itia? appli�ie�f + a ' -p; iVatg l�x #14w- City G se shall be r_: le r.C. T hin appliGatiar sha? -. qgg 41hn nAmn and of # - app'_isant, th2 property address or lega descri of the prepesnd 7 7 and the appr-exim—Ate- n-um-ber of animals to he, P- A- nfi th to with it oge broom, and sex Ar�ef tb anirna t he- appliGable, € app?ia '` r;otZ'vss than. soy (7) days after r f the rat ae br a pnvate--1 l ovsmnro of nronnrty within 150 . ORDINANCE NO. The failure of any ow ner t r sueh notice shall not i nv alidate the p r -or•e s b. Consideration Press. A private kennel l e applica refe to t U „ h lin ueal + }�+� S anitarian who sha ll' r Pyie[y t ke n nel design and operation and make, lation to the City Manager eta the, ud thoreefl W ithin fe t "$�'xr 14) uu a ft er the H n t� • v of app liG 2 on is ra akr1 to area property owtwra the G t[r Mana`[Pr nr tl,P City Manager designee shall review the ubliG Health Sanitarian's report, rao writt nomm b appliran a a�br t aldp eeteersons, an — /� �i- pr re or C ity th l;n t io n . Wi SoWeen (1 4) days alter- th Hntire of t h e I ,ty �/Ianager'G mailed to area nrnn P rfzr 9 :,A e , l t ew er nr an), ot aff ee!< Hers 11 1 teen Enay hearing a earing before the C t[) Geunril to show w h y be chan ged. A written request A; the hearin not be rtiGeived by th City Manager within suGh fe geen (14) days. F o ll e�A4;ig t he publiG he the Cit rn, yy� cil J� all r° »rler a fina e l d c isienry M; e reversing, m , -m amendin r ny-f (`;t[r Manage ma c . S : a n d a r E 7 k � . s � for 4ppre` al. the C i t y - y, Ma an a a ge r may ap prove t he priv tg kennel liG@ tse and may a ttt ath - 4 a such a pproval an), nnnd ti aecessar-y to insure, arnplian with this arflia;nee, with Chapter I e= the_C y and a ny ot nnnldit;nn R GGG sa r[r to »rntent the yu Oridi; annex , health s aaf4i-,t r welfare .d nronerty valu i n the immerd; a u:v ° t The C ity T /la »arter ma rden[ a pr establishment efthe fennel would nono titdite -; bli ruisanog --e; would adverse!), affent the health [r oafet [yelfare nr »ronert<r [ral„eo of ) the neronn residing g livin nr n <:min`[ nrnnerty [[r;thir, the immeldiate ) area The form of approval fora line »[e shall he a memnraHidum of approval from the C43, M anager - ` anager o,1tl n1ng any coed tlnns HP/ Scary to 121�'GAV�V17�� A hV of L A-eopy of To priv kennel l;n z s hall b Ar wardod to die CAN GO? p t 3 s hall a lnta[ r.: a ertiote of City drPn »Pl 1LO G11JGi1. Subjo �t to Anu time limitation set b[1 t11P I 'lt[) /IaHa rtPY tdle ''..^^^^uY ) IiGense s1,,,al113 for a peried of one year and until QGtnher 1 of the then caurrent ((���� a shall b° ye ar th PYealter by t City � Prl l,nnn payment of a renew M e n , fee Tsar cnvacccicvr v7- �nv- vxv xzczxF vf rp e r )zrror rvv set forth by City Geunril resolution »l only in the event nn nnmaint 1 regarding the kenn nnerat,nn l. h as b een r eel<red d uri n g n g the liGense year. Tr. th event -that -no w.T atien— of li is rnadG--er Manager Gentemplated by the City shall h renewable ao set ORDINANCE NO. fnri-1- in this aubdivnainn a. No new private kennel license will be issued on or after April 23, 2001. Those persons who were issued a private kennel license prior to April 23, 2001, may seek renewal of their private kennel license as set forth in this Chapter. b. Renewal of License. Application for renewal of a private kennel license shall be made annually on October 1 to the City Clerk who shall maintain a register of kennel licenses. The application shall state the name and address of the applicant, the property address or legal description of the kennel location, and the name, age, breed, and sex of each dog to be kept. Proof of current rabies vaccination for each dog and the applicable license fee as set forth by City Council resolution must accompany the application A private kennel license shall only authorize the keeping of those animals listed on the license application approved prior to April 23, 2001. Nothing herein shall authorize the holder of a private kennel license to have additional animals, beyond those identified in the application for which the license was granted prior to April 23, 2001. At such time as the number of dogs on the licensed premises shall equal no more than two dogs, the license shall expire. A private kennel license shall be renewable only in the event no complaint regarding the kennel's operation has been received during the license year. In the event that no revocation of the license is made or contemplated by the City Council, the license shall be renewable as set forth in this Chapter. c. Standards for Approval. An application for renewal of a private kennel license shall be reviewed by the City Clerk to insure compliance with this Chapter, with Ch 19 of the City Ordinances, and with an p p tY Y condition imposed by the City Council at the time of issuance. ed. License Revocation. In the event a complaint has been received by City officials, a report thereof shall be made to the City Council by the City Clerk and the City Council may direct the applicant to appear to show cause why the license should not be revoked. A license may be revoked for violation of this erdinaaoe, Chapter, Chapter 19 of the Brooklyn Center Ordinances, or any condition imposed by the City Council at the time of issuance. • Can +inn 1 _1 09 KEEPING OF DOC 1S LIMITED ITED No family or family m shall keep, har ar or h a ve, Guste y of mnr^ than t ` - ding s months of ag@ in the family dwelling unit er on the family premises with a Private ke-n-n-P.1 IkGense'. ORDINANCE NO. Lrolzilde.d how-@yer the s family or f mem mown tarn a n`' � . p�� time y the degs ran a legally, `"afnlw, a nd hamnnelw harbore Se,Etie 19q—Y BPI ITS TQ T IA 11 shall p, Yar'o d� �zelliRg unit nr nn the family nrcmises :,A 4hn 4 n y ,wn)i - private kennel h6ense. {r hew-@ver, the said family er family member- may ebtain a private, k-Gnag-1 th@ pUTes@ of pr n peried of time net 4n gypped- th ree w enrsr, in` yhinh 4n find o plane Whnre the no4a �an be legally, safely and ha i h rhn d Section 1 -108. LIMIT ON NUMBER OF CATS AND DOGS. Because the keeping of three (3) or more dogs or four (4) or more cats in the family dwelling unit or on the family premises is sub to great abuse. causing discomfort to persons in the area, by way of smell, noise, hazard, and general aesthetic depreciation, and because the irresponsible maintenance of three (3) or more dogs or four (4) or more cats within a residential area has been the source of a variety of complaints. no family or family member shall keep, harbor, or have custody of more than two (2) dogs. or more than three (3) cats, or a combination of more than four (4) animals exceeding six months of age in the family dwelling unit or on the family premises. Provided, however, those persons who were issued a private kennel license prior to April 23, 2001, may seek renewal of their private kennel license as provided in Section 1 -105. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 2001. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, underline indicates new matter.) CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 29" day of May, 2001, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Chapter 19 of the City Ordinances Relating to Limitations on Keeping of Animals. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES RELATING TO LIMITATIONS ON KEEPING OF ANIMALS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 19 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section 19 -104. LIMITATIONS ON KEEPING OF ANIMALS. It is hereby declared to be a public nuisance to permit, maintain or harbor any of the following: I. T�rvv A -- r - mnry de ps, Jl�i tviz ° nl vzQ elder �dwass A- IK- l 1i�'cxi. 4S obtained More than two (2) dogs exceeding six months of age unless a private kennel license was issued prior to April 23, 2001, as set forth in Chapter 1 of the Brooklyn Center City Ordinances. 2. Fniir e eat-, via. rn More than three (3) cats exceeding six months of age. 3. Any combination of more than four (4) animals exceeding six months of age. Sections 19 -104.3 through 19 -104.5 are renumbered to Sections 19 -104.4 through 19- 104.6, respectively. ORDINANCE NO. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 2001. Mayor ATTEST: City Clerk Date of Publication 0 Effective Date (Strikeout indicates matter to be deleted, underline indicates new matter.) • City Council Agenda Item No. 8a MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Plannin g and Zoning Spec i isa� Subject: City Council Consideration Item - Planning Commission Application No. 2001- 009 Date: May 23, 2001 On the May 29, 2001 City Council Agenda is Planning Commission Application No. 2001 -009 submitted by BKV Group requesting Resorting and Site and Building Plan approval through the Planned Unit Development (PUD) process for the development of a four building, 45,029 sq. ft., mixed use commercial /retail development on 5.6 acres located at the northeast corner of 69th Avenue North and Brooklyn Boulevard. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2001 -009 and also an area map showing the location of the property under consideration, various site and building plans for the proposed development, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their May 17, 2001 meeting and was recommended for approval through Planning Commission Resolution No. 2001 -002. It is recommended that the City Council, following consideration of this matter, approve the application. A resolution approving the application is offered for the City Council's consideration. Also, an ordinance amendment redescribing the property to be rezoned within this Planned Unit Development is offered for first reading by the City Council. The new description for the plat will be used for the ordinance amendment. The final plat will have to be approved and filed before the description can be utilized. J Application Filed on 4 -23 -01 City Council Action Should Be Taken By 6 -22 -01 (60 Days) Planning Commission Information Sheet Application No. 2001 -009 Applicant: BKV Group Location: Northeast Corner of 69th Avenue North and Brooklyn Boulevard Request: Rezoning/Site and Building Plan - PUD /C -2 The applicant, BKV Group Architects on behalf of Christensen Corporation, is seeking rezoning and site and building plan approval through the Planned Unit Development (PUD) process for the development of a 45,000 sq. ft., four building, mixed use commercial/retail development on a 5.6 acre site located at the northeast quadrant of 69 Avenue North and Brooklyn Boulevard. The property in question is currently made up of 13 parcels or portions of parcels zoned C -2 (Commerce), 12 parcels or portions of parcels zoned R -1 (One Family Residence) plus vacated June Avenue right of way lying between 69 and 70 Avenues North. This property was formerly occupied by single family homes and various commercial establishments that have all been acquired by the City over the past six or seven years for the purpose of redeveloping this area. The land is bounded on the south by 69 Avenue; on the west by Brooklyn Boulevard; on the north by 70 Avenue; and on the east by a line lying 150 feet east of the June Avenue right of way between 69 and 70 Avenues. This site has been the subject of City Council efforts over the past six or seven years to encourage the redevelopment and rejuvenation of this area. It has been long anticipated that some type of neighborhood commercial/retail development would be a likely proposal. The City's Economic Development Authority (EDA), which is the City Council, has reached a preliminary agreement with Christensen Corporation based on a conceptual acceptance of the above mentioned development in this area. The approval of the plans through this Planned Unit Development process and the execution of a final development agreement must be accomplished before the development goes forward. A meeting was held on March 28, 2001, with the developer and neighboring property owners immediately adjacent to the east end of this proposed development at which time the preliminary proposal was reviewed. Generally, the reaction of the neighbors was favorable provided lighting and screening issues were properly addressed. The applicant is seeking the PUD /C -2 rezoning to accommodate the above mentioned commercial development which will include a 4,224 sq. ft. BP Amoco convenience store /gas station/car wash; a 4,230 sq. ft. McDonald's convenience food restaurant; a 7,000 sq. ft. freestanding retail building; and a 29,575 sq. ft. multi -tenant retail building to be located along the east side of the property. The C -2 (Commerce) underlying zoning designation is being sought because it acknowledges all of the proposed uses as either permitted or special uses. They are seeking modifications to the C -2 requirements to allow a 15 ft. building setback from the new 5 -17 -01 Page 1 Brooklyn Boulevard right of way for the 7,000 sq. ft. building, a 10 ft. greenstrip from the new Brooklyn Boulevard right of way in the location of the convenience store /gas station, a possible very slight encroachment into the building setback along 70 Avenue North for the attached car wash, and to allow parking and a portion of a drive lane to encroach into a 35 ft. buffer along the east side of the site. All of these modifications are proposed to make a more efficiently utilized site and will be offset by various planned considerations. The land in question is designated in the City's Comprehensive Plan for expansion of retail business. As the Commission is aware, a Planned Unit Development proposal involves the rezoning of land to the PUD designation followed by an alpha numeric designation of the underlying zoning district. This underlying zoning district provides the regulations governing uses and structures within the Planned Unit Development. The rules and regulations governing that district (in this case C -2) would apply to the development proposal. One of the purposes of the PUD district is to give the City Council the needed flexibility in addressing redevelopment problems. Regulations governing uses and structures may be modified by conditions ultimately imposed by the City Council on the development plans. As mentioned in this case, the applicant will be seeking modifications to allow a 15 ft. building setback rather than a 35 ft. building setback; a 10 ft. rather than 15 ft. greenstrip in a specific location; a potentially slight encroachment into the 35 ft. setback off 70 Avenue North; and between a 5 t/Z ft. and 24 ft. encroachment into a 36 ft. buffer area along the east side of the site. Their rationale for seeking these modifications has to do with providing a more efficient use of the property. Allowing the 7,000 sq. ft. building to be within 15 ft. of the Brooklyn Boulevard right of way is in line with the recommendations contained in the Brooklyn Boulevard study of a few years ago which encouraged commercial buildings to be closer to the boulevard provided they have the look of storefronts. The applicant's proposal is consistent with those Brooklyn Boulevard study recommendations. The less than 15 ft. greenstrip along Brooklyn Boulevard is consistent with other city approvals that have allowed such a greenstrip along a major thoroughfare where decorative screen walls or other screening devices have been used. This was done at Brookdale in a couple of locations along Xerxes Avenue and County Road 10. A gas station at the northwest corner of 69 and Brooklyn Bouelvard, although it never was built, was approved with less than 15 ft. greenstrip offset by a 3 %2 ft. high decorative wall. The applicant's proposal has a combined wrought iron masonry screen wall and retaining wall along the Brooklyn Bouelvard greenstrip in the area to offset the lessened greenstrip. They propose an 8 ft. high opaque screen wall made of a maintenance free material to run all along the east property line where the site abuts with the backyards of residential property located along Indiana Avenue. This screen wall will tie into and be of a consistent or compatible design to the solid screen wall constructed by the city along 69 Avenue North. Landscaping in this area is also proposed to offset the lesser than 35 ft. buffer area. Employee only parking and trash containers, along with a one -way (south) drive lane would be located between the new building and the east property line. We would also suggest • 5 -17 -01 Page 2 imposing a trash pick up restriction in this area to no earlier than 8:00 a.m. Deliveries to the rear of this building should also be confined to no earlier than 8 :00 a.m. and no later than 5:00 p.m. The Planning Commission's attention is directed to Section 35 -355 of the City's Zoning g C ss ty g Ordinance, which addresses Planned Unit Developments (attached). RF.70NINC', The PUD process involves a rezoning of land and, therefore, is subject to the rezoning procedures outlined in Section 35 -210 of the zoning ordinance as well as being consistent with the city's Rezoning Evaluation Policy and Review Guidelines contained in Section 35 -208. The policy and review guidelines are attached for the Commission's review. The applicant has submitted a written project narrative describing their proposal along with a written statement in response to the rezoning evaluation policy and review guidelines. Both of these written submissions are attached for the Commission's review. The written project narrative explains their proposed development and highlights the site and building plans submitted with this application. This PUD combines the various parcels previously mentioned through a preliminary plat which is the subject of companion Application No. 2001 -010. They note that the site is approximately 5.6 acres in area and that their plan reflects the reduced land area required for the widening of Brooklyn Boulevard. The concept they use in the layout of this retail development is to have the major buildings oriented toward the streets and/or intersections in the immediate vicinity. The buildings are positioned such that the major central parking areas are conveniently located near the entrances to each of the proposed structures. The three smaller perimeter buildings all face inward toward the center of the site and the central parking areas. These buildings are generally developed as finished four -sided buildings since their backs or sides will face surrounding streets. Further review of the details of the site plan will be presented later in this report. As with all rezoning requests, the Planning Commission must review the proposal based on the Rezoning Evaluation Policy and Review Guidelines contained in the Zoning Ordinance. The policy states that zoning classifications must be consistent with the City's Comprehensive Plan and must not constitute "spot zoning" which is defined as a zoning description which discriminates in favor of a particular land owner and does not relate to the comprehensive plan or accepted planning principles. Each rezoning proposal must be considered on its merits and measured against the city's policy and against the various guidelines, which have been established for rezoning review. The following is a review of the rezoning guidelines contained in the zoning ordinance as we believe they relate to the applicant's comments and his proposal. A. Is there a clear and public need or benefit? The applicant indicates that they believe their project provides public need or benefit in that it will bring new services and tenants to this area, which will r 5 -17 -01 Page 3 provide local residents and businesses with greater convenience and access to these services than previous conditions. Also, they note the new development will enhance an under used high profile intersection in Brooklyn Center and significantly increase the tax base generated from this area. They note that to make this project more economically viable, a larger site than what was currently zoned C -2 was needed. They note that the larger area provides the critical mass needed for a more comprehensive development as they are proposing. They also note that the City apparently recognized this as well since it has acquired these properties for the purpose of redevelopment. It is the staff's opinion that this redevelopment can be seen as meeting a clear and public need or benefit if it is consistent with the development criteria established by the City and also is consistent with the City's Comprehensive Plan. For a number of years the City has sought to see a redevelopment in this highly visible area of the city. Such a redevelopment is considered to be a benefit to the community. The City Council after reviewing two recent requests for development proposals, accepted the conceptual plan presented by Christensen Corporation and is now seeking to finalize the development agreement after going through the formal plan approval process. A commercial retail development such as being proposed is in line with the redevelopment long sought after. Such a development is consistent with the City's Comprehensive Plan for this area and, we believe, does meet a clear public need and does provide a public benefit. B. Is the proposed zoning consistent and compatible with surrounding land use classifications? The applicant notes their proposed rezoning of this area to PUD with an underlying C -2 zoning designation is compatible with surrounding land uses. Existing properties west of Brooklyn Boulevard and south of 69 are similar commercial uses to that being proposed. They point out that their development plan recognizes the existing single family residential properties that will abut with the east property line of this development. They note that the design of the easterly building and its location counter any unwanted impact on these properties from customer traffic, lights, noise, etc. and that the building itself acts as a buffer from the more intense activities lying further to the west. They also note the R -1 zoned property on the opposite side of 70 Avenue, which houses a church or is considered an institutional type residential use. They believe their proposal is also consistent with this land use as well. The staff would concur with the applicant's comments.. We believe, as will be shown later in the site plan review, that the proposed commercial development can be considered consistent and compatible with the surrounding land use classifications given the proposals of the applicant and the recommended S 5 -17 -01 Page 4 restrictions to their operation particularly with respect to the neighboring property to the east. The overall plan, we believe, is also consistent and compatible with the other surrounding land uses. C. Can all proposed uses in the proposed zoning district be contemplated for development of the subject property? The applicant notes that all of the known uses in the commercial development such as a convenience store /gas station/car wash, a fast food restaurant, and other proposed retail uses area permitted uses in the underlying C -2 zoning district. They also note that there are unknown tenants at this time but that they will be of a retail nature consistent with the C -2 zoning designation. We would concur with the applicant's comments. The C -2, or underlying zoning designation in this PUD, does contemplate the widest variety retail, service and office uses allowed within the city. All of these uses can be accommodated within the proposed commercial development. D. Have there been substantial physical or zoning classification changes in this area since the subject was zoned? The applicant notes that the zoning is basically the same as it has been for a number of years. They also note that the City has made efforts to create a parcel with enough critical mass needed for a redevelopment project. They also point out that older residential and commercial properties were acquired by the City and existing structures have been razed to make way for commercial redevelopment. The staff would comment that the land in question has been the subject of much discussion and review over the past few years. The City has acquired all of the parcels in this area in an attempt to seek an appropriate redevelopment. Previous preliminary agreements with another developer did not result in the timely acquisition of properties and development of an acceptable redevelopment plan. The City recently sent out a new request for development proposals, two of which were submitted and reviewed. The City Council, or EDA, has accepted the applicant's conceptual plans and is now seeking to finalize development agreements and plan approvals necessary for the project to go forward. This proposal seems to be consistent with redevelopment ideas for this area and with the City's Comprehensive Plan. E. In the case of city initiated rezoning proposals, is there a broad public purpose evident? 5 -17 -01 Page 5 This evaluation criteria is not applicable in this case because it is not a city initiated zoning proposal, but rather a developer initiated proposal. F. Will the subject property bear fully the ordinance development restrictions for the proposed zoning district? The applicant points out the areas in which they are seeking modifications from the C -2 zoning requirements. They note the large retail building will act as a buffer to the residential areas to the east. An 8 ft. high solid maintenance free fence along the common property line plus significant landscaping in this area should help to offset the service drive and the employee parking and refuse . enclosures to be located within this buffer area. They note that the back of the building and the enclosures are finished with pre- colored rock faced masonry. They also note the small encroachment of the car wash into the normal building setback off of 70 Avenue as well as how they have offset the 15 ft. greenstrip requirement along Brooklyn Boulevard with a 3 ft. high masonry pier and wrought iron screening wall in the area by the convenience store /gas station/car wash. Additional landscaping will be installed between the screen wall and the city sidewalk. They also comment that the 7,000 sq. ft. building is being placed within 15 ft. of the Brooklyn Boulevard right of way rather than the normal requirement of 35 ft. They note this is done intentionally in order to place a glazed storefront type face closer to the street/sidewalk creating a more pedestrian friendly design at this specific location. The applicant further comments that to offset the above adjustments to the underlying C -2 zoning district, they are proposing to provide significantly enhanced corner treatments at the two intersections of 69 and 70 Avenues including signage elements, colored concrete walks, planting areas, benches and a possible clock tower. The staff generally believes the subject property will bear fully the ordinance development restrictions for this Planned Unit Development even with the deviations from the standard ordinance requirements mentioned. We believe providing a good buffer and redevelopment in this area offsets these modifications. We have noted before a need to limit the times for trash pick -ups and deliveries along the east side of the most easterly building on the site. This building as will be shown in the site and building plan later provides screening or buffering from the more intense uses that will take place on the westerly side of the site. All in all, we believe, these matters are offset by the positives of this development proposal. G. Is the subject property generally unsuited for uses permitted in the present J P P t3' g Y P zoning district with respect to size, configuration, topography or location? • 5 -17 -01 Page 6 The applicant notes that if the current properties remained as they are, zoned C -2 and R -1, they would not be suitable for development as is being proposed. They note that a certain critical mass is needed to do an effective and substantial redevelopment of the property. They also point out that the triangular shape of the site provides a challenge to any development and that their site layout allows a cohesive arrangement for the development as proposed. The staff would concur with the comments made by the applicant. For an effective redevelopment in this highly visible and high traffic area, a need to expand the general commerce zoning is required. At the time of the current City Comprehensive Plan, as well as the Comprehensive Plan of 1980, it was anticipated that this area needed to be redeveloped and a larger land area would have to be included. The acquisition by the City of the properties in question has lead to the redevelopment site proposed. It is generally considered that the necessary area is needed for a suitable redevelopment. H. Will the rezoning result in an expansion of a zoning district warranted by: 1. Comprehensive Planning; 2. The lack of developable land in the proposed zoning district, or; 3. The best interests of the community? The applicant's comments relate to their view that the expanded commercial zoning is consistent with the City's Comprehensive Plan for this area. They also note that the parcel is now unused and this new development, for the many reasons stated above, are in the best interests of the community. The staff would concur and again note that the proposed zoning is consistent with g the City's Comprehensive Plan for this are and is warranted. We also believe that the proposed development can be considered to be in the best interest of the community if the property is developed in the manner proposed. This has been a long sought after redevelopment and it appears to be a good development proposal. I. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? The applicant notes that the proposal demonstrates merit beyond the interests of the future owner of the parcel in that this project creates new services for the community and a significant increase in the tax base on an otherwise underused, high profile property in the city. Again, the staff would concur with the developers comments and note that the does appear to have merit beyond the articular developer interests of the develo proposal pp Y P P and will lead to a development that is, we believe, consistent and compatible with 5 -17 -01 Page 7 the surrounding land uses. The proposal appears to provide a quality development, consistent with the Comprehensive Plan and in the general interests of the community. 4TTF._ANT) RT T LDINC'T PT.AN PROPOSAL The proposal again calls for an approximate 45,000 sq. ft., four building commercial retail redevelopment of the northeast corner of 69 and Brooklyn Boulevard. A BP Amoco convenience store /gas station/car wash would be located at the northwest corner of the site, a 4,230 sq. ft. McDonald's convenience food restaurant would be located adjacent to 70 Avenue North, a 7,000 sq. ft. speculative retail building would be at the southwest corner of the site and a 29,575 sq. ft. multi -tenant retail building is proposed at the easterly side of the site. ACCF.S S/PARKTN( ~T Access to this redevelopment site will be provided at five driveway locations, three of which will be along 70 Avenue North and one each on 69 Avenue and Brooklyn Boulevard. The 69 Avenue and Brooklyn Boulevard accesses are each right in and right out. As part of the Brookln Boulevard reconstruction project, a new concrete median will be installed between 69 and 70 Avenues. An expanded concrete median will be constructed along 69 Avenue both east and west of Brooklyn Boulevard. Only right in and right out accesses will be allowed in these locations. A concrete delineator will be installed at both of these access points to assure such traffic movements. A deceleration lane will be provided to the Brooklyn Boulevard access, which is about mid way between 69 and 70 Avenues. Two of the accesses on 70 will be full left and right turn access points and one access, the most easterly, will provide access to the rear of the strip retail building. The flow of traffic behind the building, or to the east of the building, will be one way (south) and is designed for access to employee parking, enclosed trash containers and for delivery purposes to the rear of the building. It will be necessary to provide directional signs to prevent traffic from going in the wrong direction behind the building. This will provide for a better flow through the site and should cut down on traffic to the rear of the building other than that necessary for the above mentioned purposes. The applicant proposes under the preliminary plat application (Application No. 2001 -010) to divide the site into four lots each containing its own building. The site, however, is being viewed as if there were no property lines separating these particular uses with common access and common parking features for all of the four sites. The overall parking requirement for this combined 45,029 sq. ft. complex is 248 parking spaces based on a retail parking formula of 5.5 parking spaces per 1,000 sq. ft. of gross floor area. The plan shows 251 parking spaces for the site. Surplus parking spaces exist for the gas station/convenience /car wash, the McDonald's convenience food restaurant and the 7,000 sq. ft. retail building. The multi -tenant building is a q g g few parking spaces short of meeting its requirement. Therefore, we need to consider this as we do Brookdale, meaning that the total complex meets the parking requirements even though one individual site might be deficient. No expansions based on surplus parking can be 5-17-01 Page 8 ® comprehended under this Planned Unit Development because surplus parking is needed to meet the overall requirements. Up to 15 percent of the total square footage of this complex can be utilized as restaurant space without having to provide parking on the basis of seating and employees. This amounts to 6,754 sq. ft. of restaurant space allowed. All driveways servicing the parking areas meet the minimum standards of the zoning ordinance. It should be noted that the access on Brooklyn Boulevard is subject to a driveway permit issued by Hennepin County. It is our understanding that the County has agreed to the proposed location of this driveway. _GR AT)TNCV ATNAGE/T TTTT.TTTF.q The applicant has provided grading, drainage and utility plans which are being reviewed by the City Engineer. All storm drainage will be collected in catch basins and be conveyed under ground in a new storm sewer system. It will be directed to a regional storm water drainage system to be located in the Palmer Lake basin. There will be no on site retention pond in this development. The drainage plan is subject to Shingle Creek Watershed Management Commission review and approval. The site for the most part is relatively flat, however, at the northwest corner of the site, it drops down from the Brooklyn Boulevard and 70 Avenue intersection. To accommodate a change in grade, the applicant is proposing a concrete retaining wall with a wrought iron and masonry pier screen wall as mentioned previously. This will serve as a retaining wall as well as a decorative screen wall to off set the less than 15 ft. greenstrip along Brooklyn Boulevard in the location of the convenience store /gas station. The site is to be bound by B -612 curb and gutter, around all parking and driving areas. The buildings will tie into city water and sewer utilities running in the vacated June Avenue. These utilities are to be reconstructed in this location and the large multi - retail building will be served by sewer and water from this location as well as the McDonald's and 7,000 sq. ft. retail building. Sewer and water connections for the gas station/convenierice store will be tied into 70 Avenue. As mentioned previously, the City Engineer is reviewing the drainage, grading and utility plans and it is anticipated that written comments will be submitted with this plan. LANDSCAPING The applicant has submitted a landscape plan in response to the landscape point system utilized by the Planning Commission to evaluate such plans. This 5.6 acre site requires a total of 370 landscape points. The applicant proposes to meet this requirement by providing a variety of plantings including 51 deciduous shade trees such as Norway Maple, Littleleaf Linden, Swamp White Oak, Patmore Ash, Autumn Purple Ash and Imperial Honeylocust; 32 coniferous trees including Colorado Green Spruce, Black Hills Spruce, and Arborvitae; 36 ornamental trees including Serviceberry, Crusader Hawthorn, Flowering Crabapple and Japanese Tree Lilac; 136 deciduous shrubs such as Bush Honeysuckle, Dwarf Winged Euonymous, Red Twigged Dogwood, Annabelle Hydrangea, Emerald Mound Honeysuckle, Alpine Currant, Spirea, Dwarf • 5 -17 -01 Page 9 Korean Lilac, and Shrub Roses; 92 coniferous shrubs such as Sea Green Juniper, Savin Juniper, and Taunton Spreading Yew. They also propose various perennials throughout the site. In addition the applicant points out that various landscape materials in the roadway portion of the project and at landscape nodes at 69 and 70 Avenue will be provided in cooperation with the City. This amounts to an additional 252 points of landscape including 16 deciduous shade trees, 14 coniferous trees and 5 ornamental trees at these landscape nodes. The total points for landscaping on site counting all of this landscaping would come to 870 overall. Points applied based on the point system distribution method give the applicant credit for 489 on site landscape points, well in excess of what is required. The plants are generally dispersed around the site with a mixture of shade trees and coniferous trees along the east boundary line with the abutting residential property. Also some ornamental trees are provided in the expanded node southeasterly of this building. Island plantings include ornamental trees and shade trees throughout the entire complex with boulevard trees along 70 Brooklyn Boulevard as well as 69 Avenue. The applicant is working with the City in providing landscape nodes at 69 and 70 Avenue. These are to be decorative features which coincide with recommendations in the Brooklyn Boulevard Amenities Study undertaken approximately eight years ago. This area of Brooklyn Boulevard is subject to a current County widening project and the City has coordinated the landscape amenities with this construction. Heavy landscaping will be placed at the corner nodes. Colored concrete pavers will be installed along with ornamental iron fence and ornamental benches. Landscaping including shrubbery, ornamental and shade trees will also be provided. An asphalt trail along Brooklyn Boulevard will connect the two landscape features. An architectural feature is proposed at the corner of 69 and Brooklyn Boulevard. Ornamental pedestrian light fixtures are proposed in the right of way area as well, which are consistent with the Brooklyn Boulevard Amenities Study. Underground irrigation will be provided in all landscaped areas to facilities site maintenance in accordance with the requirements of city ordinances. FIT B .T)TNCCTT The applicant has submitted building plans for all four of the buildings. They are proposing to utilize matching materials and design components to make for a unified commercial complex which is made up of different users. All the materials will be the same for all of the various buildings. This includes darker, earth tone brick, lighter rock face brick or block accents with colored standing seam or flat metal roof and fascia accents. The retail buildings also include colored fabric awnings. The larger retail center and the smaller retail building located at the southwest corner of the site will both use a selection of architectural treatments including roof cornices, tenant signage areas, fabric awnings, metal and E.F.I.S. vertical surfaces and accents with back lit tower caps to provide a cohesive design for the entire development. The McDonald's building will use brick with contrasting brick accent bands on all sides of their building along with a dark green metal standing seam sloping roof. It should be noted that this mansurd or sloping type roof should be carried around on'all sides including the rear elevation. 5 -17 -01 Page 10 The building elevations at this time do not include this feature on the east side. The BP Amoco station includes large store front windows on the front, higher narrow windows along the Brooklyn Boulevard side along with curving dark green metal signage fascia over the store front. Brick will be provided on all sides including the car wash. It should be noted that the rear elevation on the smaller retail building facing Brooklyn Boulevard will have store front windows along this elevation. This is in keeping with the recommendations of the Brooklyn Boulevard Study allowing buildings to be located closer to the Brooklyn Boulevard right of way. All screen walls and trash screening devices will be of masonry material to match the existing buildings. With the exception of providing a uniform treatment around the McDonald's building, we believe all the buildings are attractive and in keeping with a consistent theme to provide what appears to be a quality retail development. T .TCTHTTNCT /TR ASH The applicant has submitted a lighting plan indicating the proposed lighting for the site. They intend to use 25 ft. high freestanding light poles in the main parking lot area at various locations. Security lighting is proposed on the rear or east side of the large retail building. These will be wall mounted fixtures directed downward at a height of about 8 ft. Freestanding lighting is also proposed in this area on light poles installed in the green strip next to the service drive. These lights will be shielded and directed away from the residential area. All in all the proposed lighting plan is well within the foot candle standards established by Section 35 -712 of the City's Zoning Ordinance. Our main concern is that all lighting be shielded and directed on the site to avoid glare to abutting properties and abutting street right of way. The site plan indicates the location of trash enclosures throughout the site. Three are to be located to the east of the large retail building in freestanding locations. These are all to be masonry enclosures to match the building exteriors and will have solid, opaque gates. An attached trash enclosure is proposed for the smaller retail building and for the McDonald's. These too will be masonry structures to match the building exterior and contain solid opaque gates. The BP Amoco site will have a freestanding trash container also to be a masonry structure compatible with the building exterior and containing a solid opaque gate. PROCEDURE Normally rezoning applications that are considered by the Planning Commission are referred to the respective Neighborhood Advisory Group, in this case the Northwest Neighborhood Advisory Group. State Statutes require the City to respond to zoning applications within a 60 day time frame from the date a properly submitted application has been filed with the City. This application was filed on April 23, 2001. Due to zoning requirements for notice and publication, this application needs to be submitted approximately four weeks prior to the Planning Commission's public hearing. The clock, however, begins at the date the application is 5 -17 -01 Page 11 accepted. Therefore, the zoning decision must be made by the City Council no later than June 22, 2001. Almost 30 days of the required 60 day time frame will have expired before the Planning Commission's public hearing is even held. This requirement makes it almost impossible for the City to hold the Neighborhood Advisory Group meetings we normally have. The Planning Commission has instituted a new procedure because it still wishes to receive Neighborhood Advisory Group input with respect to these rezoning applications. We have invited the Northwest Neighborhood Advisory Group members to the public hearing and are encouraging their comments and participation at this evening's meeting. A staff report will be delivered to the Neighborhood Advisory Group members at the same time that it is delivered to the Planning Commission members. Hopefully, they will have an opportunity to review the matter and make comment to the Commission at the May 17, meeting. A public hearing has been scheduled and notices have appeared in the Brooklyn Center Sun Post and notices have also been sent to neighboring property owners. The Planning Commission, following the public hearing, should consider a draft resolution which has been prepared in anticipation of a favorable reaction to this proposal. The resolution is offered for the Planning Commission's consideration. 5 -17 -01 Page 12 I. YtKKT CT. E. 2 PERRY CT. W. _ 3 -PERRY PL. E - {. BROOKLYN PL 5 WINGARD PL 6. QUAIL (11" ' I. UNIL;w %. kWo6 siNi I U. I I I ( ( I I I 73RD AV N. }--� w 81 4 _ z z 72N L w z AVE. N_ DIET f _ to to 713 71 •AVE. 71S Z VE R4 Z Planning Commission &_ }, WILL LANE F Application No. 2001 -009 ' SCHOOL R5 = - a 70TH AVE N 70THI N. _ q �n NE PARK 1 t I tF+ a�,1F N � z �TER 7014E; 4 ! hOd!' � ^'Y• i us f' 4 Mom = 0 V , � ' �' 2 - z CEME7 ES 3CH. N o Z FREI AR } P! a — R3 Cf a — 1 3-- W 67 A N. 67 AVE N. — U 1 1 1 1 AVE. N_ t � ss THY n J 1 1 V W i I,f,l,l 1 T WINCHESTER 7- Lu 65TH .1 N PARK R� oaKw+ RY1 PARK yw i G J� GARDEN CITY -3 R"t . COOL �o R5 _.� • Section 35 -341. 0-2 PUBLIC AND PRIVATE OPEN SPACE DISTRICT. 1. Permitted Uses a. Public parks, playgrounds, athletic fields and other recreational uses of a noncommercial nature. b. Commercial recreational facilities of a semi -open nature such as golf courses and golf driving ranges. c. Accessory uses incidental to the foregoing principal uses when located on the same property with the use to which it is accessory but not including any business or industrial uses. Such accessory uses to include but not be restricted to the following: 1. Off - street parking. 2. Public recreational buildings and parks, playgrounds and athletic fields. 3. Signs as permitted in the Brooklyn Center Sign Ordinance. Section 35 -355. PLANNED UNIT DEVELOPMENT. Subdivision 1. Purpose. The purpose of the Planned Unit Development (PUD) district is to promote flexibility in land development and redevelopment, preserve aesthetically significant and environmentally sensitive site features, conserve energy and ensure a high quality of design. Subdivision 2. Classification of PUD Districts; Permitted Uses; Applicable Regulations. a. Upon rezoning for a PUD, the district shall be designated by the letters "PUD" followed by the alphanumeric designation of the underlying zoning district which maybe either the prior zoning classification or a new classification. In cases of mixed use PUDs, the City Council shall, whenever reasonably practicable, specify underlying zoning classifications for the various parts of the PUD. When it is not reasonably practicable to so specify underlying zoning classifications, the Council may rezone the district, or any part thereof, to "PUD- MIXED." b. Regulations governing uses and structures in PUDs shall be the same as those governing the underlying zoning district subject to the following: City of Brooklyp Center 35 -45 City Ordinance ® 1. Re be modified r conditions imposed b the Council at Regulations may expressly by p y the time of rezoning to PUD. 2. Regulations are modified by implication only to the extent necessary to comply with the development plan of the PUD. 3. In the case of districts rezoned to PUD- MIXED, the Council shall specify regulations applicable to uses and structures in various parts of the district. c. For purposes of determining applicable regulations for uses or structures on land adjacent to or in the vicinity of the PUD district which depend on the zoning of the PUD district, the underlying zoning classification of PUD districts shall be deemed to be the zoning classification of the district. In the case of a district zoned PUD- MIXED, the underlying zoning classification shall be deemed to be the classification which allows as a permitted use any use which is permitted in the PUD district and which results in the most restrictive regulation of adjacent or nearby properties. Subdivision 3. Development Standards. a. A PUD shall have a minimum area of one acre, excluding land included within the floodway or flood fringe overlay districts and excluding existing rights -of -way, unless the City finds that at least one of the following conditions exists: 1. There are unusual physical features of the property or of the surrounding neighborhood such that development as a PUD will conserve a physical or terrain feature of importance to the neighborhood or community; 2. The property is directly adjacent to or across a public right -of -way from property which previously was developed as a PUD and the new PUD will be perceived as and function as an extension of that previously approved development; or 3. The property is located in a transitional area between different land uses and the development will be used as a buffer between the uses. b. Within a PUD, overall density for residential developments shall be consistent with Section 35 -400 of this ordinance. Individual buildings or lots within a PUD may exceed these standards, provided that density for the entire PUD does not exceed the permitted standards. Cit Brook Center 35 -46 Cit Ordinance � o f y � c. Setbacks, buffers and greenstrips within a PUD shall be consistent with Section 35 -400 to 35 -414 and Section 35 -700 of this ordinance unless the developer can demonstrate to the City's satisfaction that a lesser standard should be permitted with the addition of a screening treatment or other mitigative measures. d. Parking provided for uses within a PUD shall be consistent with the parking requirements contained in Section 35 -704 of this ordinance unless the developer can demonstrate to the City's satisfaction that a lesser standard should be permitted on the grounds of the complementarity of peak parking demands by the uses within the PUD. The City may require execution of a restrictive covenant limiting future use of the property to those uses which will continue this parking complementarity, or which are otherwise approved by the City. Subdivision 4. General Standards. a. The City may allow more than one principal building to be constructed on each platted lot within a PUD. b. A PUD which involves only one land use or a single housing type may be permitted provided that it is otherwise consistent with the purposes and objectives of this section. c. A PUD may only contain uses consistent with the City's Comprehensive Plan. d. All property to be included within a PUD shall be under unified ownership or control or subj ect to such legal restrictions or covenants as may be necessary to ensure compliance with the approved development plan and site plan. e. The uniqueness of each PUD requires that specifications and standards for streets, utilities, public facilities and the approval of land subdivision may be subject to modifications from the City Ordinances generally governing them. The City Council may, therefore, approve streets, utilities, public facilities and land subdivisions which are not in compliance with usual specifications or ordinance requirements where it is found that such are not required in the interests of the residents or of the City, except that these subdivisions and plans must be in conformance with all watershed, state, and federal storm water, erosion control, and wetlands requirements. Subdivision 5. Application and Review. a. Implementation of a PUD shall be controlled by the development plan. The development plan maybe approved or disapproved by the City Council after evaluation by the Planning Commission. _ .. City of Brooklyn Center 35 -47 City Ordinance Submission of the development plan shall be made to the Director of Planning and Inspection on such forms and accompanied by such information and documentation as the City may deem necessary or convenient, but shall include at a minimum the following: 1. Street and utility locations and sizes; 2. A drainage plan, including location and size of pipes and water storage areas; 3. A grading plan, including temporary and permanent erosion control provisions; 4. A landscape plan; 5. A lighting plan; 6. A plan for timing and phasing of the development; 7. Covenants or other restrictions proposed for the regulation of the development; 8. A site plan showing the location of all structures and parking areas; 9. Building renderings or elevation drawings of all sides of all buildings to be constructed in at least the first phase of development; and 10. Proposed underlying zoning classification or classifications. Such information may be in a preliminary form, but shall be sufficiently complete and accurate to allow an evaluation of the development by the City. b. The Planning Commission shall hold a public hearing on the development plan. Notice of such public hearing shall be published in the official newspaper and actual notice shall be mailed to the applicant and adjacent property owners as required by Section 35- 210 of this ordinance. The Planning Commission shall review the development plan and make such recommendations as it deems appropriate regarding the plan within the time limits established by Section 35 -210 of this ordinance. c. Following receipt of the recommendations of the Planning Commission, the City Council shall hold such hearing as it deems appropriate regarding the matter. The City Council shall act upon the development plan within the time limits established by Section 35 -210 of this ordinance. City Brooklyn Center 35 -48 City h' l . Y Ordinance Approval of the development plan shall constitute rezoning of the property to PUD and conceptual approval of the elements of the plan. In addition to the guidelines provided in Section 35 -208 of this ordinance, the City Council shall base its actions on the rezoning upon the following criteria: 1. Compatibility of the plan with the standards, purposes and intent of this section; 2. Consistency of the plan with the goals and policies of the Comprehensive Plan; 3. The impact of the plan on the neighborhood in which it is to be located; and 4. The adequacy of internal site organization, uses, densities, circulation, parking facilities, public facilities, recreational areas, open spaces, and buffering and landscaping. The City Council may attach such conditions to its approval as it may determine to be necessary to better accomplish the purposes of the PUD district. d. Prior to construction on any site zoned PUD, the developer shall seek plan approval pursuant to Section 35 -230 of this ordinance. In addition to the information specifically required by Section 35 -230, the developer shall submit such information as may be deemed necessary or convenient by the City to review the consistency of the proposed development with the approved development plan. The plan submitted for approval pursuant to Section 35 -230 shall be in substantial compliance with the approved development plan. Substantial compliance shall mean that buildings, parking areas and roads are in essentially the same location as previously approved; the number of dwelling units, if any, has not increased or decreased by more than 5 percent; the floor area of nonresidential areas has not been increased or decreased by more than 5 percent; no building has been increased in the number of floors; open space has not been decreased or altered from its original design or use, and lot coverage of any individual building has not been increased or decreased by more than 10 percent. e: Prior to construction on any site zoned PUD, the developer shall execute a development agreement in a form satisfactory to the City. f. Applicants may combine development plan approval with the plan approval required by Section 35 -230 by submitting all information required for both simultaneously. g. After approval of the development plan and the plan approval required by Section 35- 230, nothing shall be constructed on the site and no building permits shall be issued except in conformity with the approved plans. City of Brooklyn Center 35 -49 City Ordinance h. If within 12 months following approval by the City Council of the development plan, no building permits have been obtained or, if within 12 months after the issuance of building permits no construction has commenced on the area approved for the PUD district, the City Council may initiate rezoning of the property. i. Any major amendment to the development plan may be approved by the City Council following the same notice and hearing procedures specified in this section. An amendment shall be considered major if it involves any change greater than that permitted by subdivision 5d of this section. Changes which are determined by the City Council to be minor may be made if approved by the Planning Commission after such notice and hearing as may be deemed appropriate by the Planning Commission. • City of Brooklyn Center 35 -50 City Ordinance City of Brooklyn Center Section 35 -208 REZONING EVALUATION POLICY AND REVIEW GUIDELINES. i • 1. Purpose The City Council finds that effective maintenance of the comprehensive planning and land use classifications is enhanced through uniform and equitable evaluation of periodic proposed changes to this Zoning Ordinance; and for this purpose, by the adoption of Resolution No. 77 -167, the City Council has established a rezoning evaluation policy and review guidelines. 2. Policy It is the policy of the City that: A) Zoning classifications must be consistent with the Comprehensive Plan, and, B) Rezoning proposals will not constitute "spot zoning ", defined as a zoning decision, which discriminates in favor of a particular landowner and does not relate to the Comprehensive Plan or to accepted planning principles. 3. Procedure Each rezoning proposal will be considered on its merits, measured against the above policy and against these guidelines, which may be weighed collectively or individually as deemed by the City. 4. Guidelines A. Is there a clear and public need or benefit? B. Is the proposed zoning consistent with and compatible with surrounding land use classifications? C. Can all permitted uses in the proposed zoning district be contemplated for development of the subject property? D. Have there been substantial physical or zoning classification changes in the area since the subject property was zoned? E. In the case of City - initiated rezoning proposals, is there a broad public purpose evident? F. Will the subject property bear fully the ordinance development restrictions for the proposed zoning districts? G. Is the subject property generally unsuited for uses "pirmitted'in the present zoning district, with respect to size, configuration, topography or location? H. Will the rezoning result in the expansion of a zoning district, warranted by: 1) Comprehensive planning; 2) The lack of developable land in the proposed zoning district; or, 3) The best interests of the community? I. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? Section 35 -208 Revised 3 -01 _ t . BROOKLYN CENTER RETAIL REDEVELOPMENT PROJECT NARRATIVE April 19, 2001 Prepared by: BKV Group, Architects & Engineers INTRODUCTION The developer, Christenson Corporation, is proposing to construct a new mixed use commercial / retail development on the existing site located at the northeast comer of Brooklyn Boulevard and 69 Avenue North in Brooklyn Center. The center is proposed at 45,000 square feet of development with the four separate buildings shown. The four major uses proposed are a 4,200 sf Convenience Store with a fuel island and car wash owned and operated by BP Amoco, a 4,200 sf McDonald's restaurant, a 29,600 sf multi- tenant retail and a 7,000 sf freestanding retail building. SITE The site is bordered by Brooklyn Boulevard on the west, 69 Avenue North on the south, 70 Avenue North on the north, and residential property on the east. The total site area is approximately 5.6 acres as shown. This size accounts for the reduction in land which is required for the widening of Brooklyn Boulevard to the east. The plans submitted reflect the layout of the future widening of the Boulevard. GENERAL SITE LAYOUT The concept used in the layout of the retail development is the same as with nearly all retail projects. The major buildings are oriented toward the major streets and / or intersections, in this case, Brooklyn Boulevard. These buildings are positioned such that the major central parking areas are conveniently located near the entrances to each of the proposed structures. The three smaller perimeter buildings all face inward toward the center of the site at the central parking areas. These buildings are generally developed as finished four sided buildings since their backs or sides will face one of the three surrounding streets. SETBACKS City setbacks for this type of development (in non PUD rezoning) are 35' from the surrounding streets to a building and 15' to parking and drive areas. There is also a 35' green area setback from the residential properties to the east. This project is to be rezoned as a PUD with and underlying C2 zone. Our current site plan recognizes the above setbacks in most cases. However, as part of the PUD, we would like to request relief from these setbacks in the following areas: 1. The 35' green area setback to the residential property on the east side would be interrupted in the middle of the north south strip with enclosed refuse containers and 60 degree employee parking which would reduce the 35' to 11' behind the refuse and parking to the new fence on the east property line. The green areas at the north and south ends near 69 and 70 Avenues will be 29' -6u. There would also be an 8 -foot high fence along the east property line but located with the centerline of the fence 8" inside the property line. 2. The southwest building (7,000 sf) would have a 15' setback to the new ROW along Brooklyn Boulevard. This is in response to the design guidelines allowing new development to be closer than 35' to the active streets. All sides would be finished with the finish materials used on the rest of the project including brick, rock face block, glass, metal, awnings and EIFS. 3. On the convenience store site along the Brooklyn Boulevard side, we are proposing a modest encroachment of 5 into the 15 drive setback to allow better maneuvering around the occupied fuel islands and access to the car wash on the north side of the store. To offset these setback adjustments, the developer proposes to: • Work with the City to develop the two enhanced street corner treatments in terms of pedestrian friendly components as shown on our plans. This would include such items as walks, benches, planting areas, clock tower with the center's identification, masonry and wrought iron decorative walls, etc. along with an appropriate landscaping package for the entire site. • The C -store site will have a 3' high wrought iron and masonry screen wall along most of the Brooklyn Boulevard side at approximately 5' from the ROW or edge of the 8' path to counter the 5' encroachment into the 15' setback. • Provide the 8' high solid maintenance free along the entire east property line adjacent to the residential properties. ACCESS Access to the site is provided by five drive connections: one right -in / right -out from Brooklyn Boulevard on the west, two full turn and one one -way entrances off 7& Avenue on the north, and one right -in / right -out off 69 Avenue on the south. PARKING Please refer to the site plan for the actual parking layout. All parking areas will be paved with bituminous, striped and edged with a B612 concrete curb and gutter. On this site plan we have shown 251 parking spaces for the entire site which is slightly in excess of the 248 spaces required. This is based on 5.5 cars per 1,000 square feet of 45,000 sf of mixed -use development per City requirements. The 251 spaces include 8 spaces at the fuel islands, one for each island (each island can hold two autos). ARCHITECTURE AND MATERIALS The BP Amoco convenience store building proposed has a distinct architectural style which includes large storefront windows on the front, higher narrow strip windows along the Brooklyn Boulevard side, curving dark green metal signage fascia over their storefront, and brick on all sides including the car wash. McDonald's would use brick with contrasting brick accenfbands on all sides of their building along with dark green metal standing seam sloping roof with their signature fit roof beams. The large retail center and the smaller southwest building would both use a selection of architectural treatments and details including roof cornices, tenant signage areas, fabric awnings, I metal and EIFS vertical surfaces and accents, and backlit tower caps all contributing to a cohesive design for the entire development. All materials would be the same for all buildings when and where used. This includes the darker, r, earth tone brick, lighter rock face brick or block accents at bases and banding, colored standing seam or flat metal roof and fascia accents, same colored EIFS and colored fabric awnings. The purpose of using the matching materials and design components is to create a true upscale planned unit development for this redevelopment site. SITE AMENITIES The developer proposes to heavily landscape the parking lots and the green areas surrounding the fronts and backs of all buildings. Each pad site development will be responsible for its own landscaping but will be designed consistent with the master site landscape plan. A landscaped buffer, using evergreen and leafing trees along with an 8' maintenance free screen fence (to match the existing fence along 69 street) will be provided along the east edge to screen the development from the adjacent residential neighborhoods. The Developer has worked closely with the City on the development of the enhanced corner treatments at both the 69 and 70 Avenue intersections. The intent would be to create pedestrian and vehicular friendly elements for aesthetic value, places of rest, directional support, development and user and tenant identification, etc. SITE LIGHTING Site lighting will be provided in the main parking lot using standard 25' high poles on bases with HID downcast multi -head light fixtures generating a minimum light level of .5 foot - candies for safety purposes. Security lighting at the rear or east side of the retail building will be small down cast HID light fixtures mounted to the rear of the center above each pair of service doors at about 8' coupled with light poles installed in the green strip next to the rear curb directing light back to the service drive and away from the residential areas. TOPOGRAPHY AND UTILITIES Most of the site is relatively flat in relation to the three surrounding streets and the residential neighbors to the east. However, at the northwest corner, the site drops down from Brooklyn Boulevard and 70 Avenue does rise up to meet Brooklyn Boulevard. To accommodate this change in grade we are proposing a concrete retaining wall with a wrought iron and masonry pier screen wall around the northwest and partial west sides of the Convenience Store to accommodate this grade change. This would in affect lower the floor elevation of the C -Store approximately 3' below the natural grade of the north end of the new Brooklyn Boulevard curb line. All storm drainage will be collected underground in a new collection system and directed to the regional stone water drainage system already in place. All public and private utilities are available at numerous locations for connection to each of the buildings proposed. The city water and sewer utilities running north -south in , the abandoned June Avenue will be abandoned and reconstructed in the same location. We have intentionally P separated the buildings to reserve continued access to new utilities in the abandoned June P 9 Avenue North. LANDSCAPING The Developer is committed to providing an attractive, well - landscaped site. Plantings significantly in excess of the City Ordinance are proposed (refer to Landscape Plans for specifics on requirements). Plantings are being used to provide visual variety and screening where needed. Hardy, low maintenance plant materials are suggested wherever possible to minimize long -term maintenance. Sight lines at intersections and ' e preserved. g internal driveiines ar pr se d. Particular attention was paid to the appearance of the site from Brooklyn Boulevard and other roadways adjacent to the site; specifically the comers of Brooklyn Boulevard and 70 Avenue and 69� Avenue. A combination of ornamental fencing, raised planters, decorative site furnishings, and heavy landscaping will be placed to highlight these corners and add interest to the development. All proposed improvements along Brooklyn Boulevard are in keeping with previous design work completed by the Hennepin County. PRELIMINARY PLAT A preliminary plat has been prepared for this site. The overall site is 5.62 Acres and is subdivided into four separate lots. See the preliminary plat as part of this submittal for layout and description. Lot 1 Convenience Store and fuel islands 1.19 Acres 15.48% Lot 2 McDonald's 0.87 Acres 21.17% Lot 3 7,000 sf Retail 1.04 Acres 18.51% Lot 4 30,000 sf Retail 2.52 Acres 44.84% Total 5.62 Acres 100% END OF NARRATIVE Qlproj11415.1OUpudnarr.doc BROOKLYN CENTER RETAIL REDEVELOPMENT RESPONSE TO REZONING EVALUATION POLICY AND REVIEW GUIDELINES April 19, 2001 Prepared by: BKV Group, Architects & Engineers The following is in response to the items listed as 4A through 41 guidelines? 4A. Is there a clear and public need or benefit? This project provides public need or benefit in that the project will bring new services and tenants to the area, which will provide the local residents and businesses with greater convenience and access to these services than previous conditions. Also, the new development will enhance an underused high profile intersection in Brooklyn Center and significantly increase the tax base generated from this area. To make a project like this more economically viable, a larger site than just the currently zoned C2 properties would be of great value. This need apparently was recognized by the City since the acquisition of several adjacent older residential properties took place previously generating the current site area of 5.6 acres. This larger area provides the critical mass needed for a more comprehensive development as now proposed by the developer. 4B. Is the proposed zoning consistent with and compatible with surrounding land use classifications? The proposed rezoning at this location to PUD with the underlying C2 business zoning is compatible with the surrounding uses. Existing properties that are west across Brooklyn Boulevard and south across 69 Avenue are similar commercial uses to the type proposed. The development plan recognizes that there are still seven or eight single family residential properties with their rear lot lines abutting the east property line of this development. To counter any unwanted impact on these properties from customer traffic, lights, noise, etc. the design of this layout shows the larger retail building running in a north -south direction parallel to this lot line and acting as a buffer to the residents. The property to the north of this development, across 70 Avenue is also zoned R1, a portion of which is institutional residential, that being a church and associated parking lot. Recognizing this, we have placed the more intense uses of this new development, the convenience store and quick - serve restaurant along 70 Avenue. These uses would have minimal impact on the existing adjacent low traffic properties to the north. 4C. Can all permitted uses in the proposed zoning district be contemplated for development of the subject property? The proposed rezoning is to a PUD with an underlying C2 commercial zone. All of the uses proposed such as convenience store and fuel islands, quick -serve restaurant, and retail are permitted uses and included in this project. At this time, there are unknown tenants in the retail portion of this project but all of them will be uses permitted in a C2 commercial zone. 4D. Have there been substantial physical or zoning classification changes in the area since the subject property was zoned? The subject property is still in the original zoning, that being a combination of C2 and R1. For nearly a decade, the City had intentionally made efforts to create a parcel with the critical mass needed for a redevelopment project. Older residential and commercial properties were acquired and all existing structures have been or will be razed to totally clear the site. Developers were sought with the intent of eventually changing the entire parcel to a full C2 zone with perhaps a PUD overlay which is the case with this development. 4E. In the case of City- initiated rezoning proposals, is there a broad public purpose evident? Not applicable 4F. Will the subject property bear fully the ordinance development restrictions for the proposed zoning districts? City ordinance requires a landscaped green strip to any commercial project. As described above the proposed development has the larger retail building acting as a buffer to the residential areas to the east. An 8'high solid maintenance -free fence along the common property line of similar design to the fence along 69 Avenue plus significant landscaping in the green strip on the development side of this new fence will be provided. There is a service drive at the rear of the center along with low turnover employee parking and refuse enclosures. The back of the building and the enclosures are finished with pre - colored rock faced masonry. A small portion of the north corner of the car wash (attached to the convenience store) extends about 6' into the C2 zone's 35' building setback. The convenience store requires a 10' setback to their drive aisle vs. the C2 zone's 15' setback. To offset this need, there will be a 3' high masonry pier and wrought iron screen wall along the convenience store's portion of the Brooklyn Boulevard right of way. Additional landscaping will be installed between this screen and the City sidewalk. The smallest retail building at 7,000 sq. ft. is placed along Brooklyn Boulevard with a 15' setback from the right of way vs. the ordinance requirement of 35'. This was done intentionally in order to place a glazed store front type facade closer to the street sidewalk creating a more pedestrian friendly design at this specific location. The actual entrance to this building is from the side opposite Brooklyn Boulevard. To further offset the above adjustments to the underlying C2 zone's setbacks, the developer proposes to provide significantly enhanced corner treatments at the two intersections of 69 and 70 Avenues including signage elements, colored concrete walks, planting areas, benches and a clock tower. Please refer to the design plans for details. Generous overall site landscaping is provided. 4G. Is the subject property generally unsuited for uses permitted in the present zoning district, with respect to size, configuration, topography or location? In the current properties zoning, C2 and R1, the property would not be suitable for development in that a certain critical mass is needed to do an effective and substantial retail development. Conversion of the entire parcel to C21PUD is necessary. • The triangular portion of the site provides a challenge to any development vs. a square or rectangular parcel. This site layout was developed using several smaller buildings to allow a cohesive arrangement for the development and at the same time adding interest to the overall project. Topography was not and issue and the site location is superb. 4H. Will the rezoning result in the expansion of a zoning district, warranted by; 1) Comprehensive planning; 2) The lack of developable land in the proposed zoning district; or, 3) The best interests of the community? The proposed development will result in a rezoning of the residential portion of the property (now razed) from R1 to C2, and adding the PUD overlay to the entire parcel. This conversion is consistent with the City's comprehensive plan for this area. Further, the parcel is now unused and this new development, for the many reasons stated above and below, are in the best interests of the community. 41. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? The proposal demonstrates merit beyond the interests of the future owner of the parcel (at the time of this writing the owner is the City) in that this project creates/ new services for the community and a significant increase in the tax base on an otherwise underused, high - profile property in the City of Brooklyn Center. END OF NARRATIVE Qlproj %1415.101blcityguidelines.doc • i MEMORANDUM DATE: May 14, 2001 TO: Ron Warren, Planning and Zoning Specialist FROM: Todd Howard, City Engineer SUBJECT: Preliminary Review of 69 and 70 Avenue Site Development Plan The Engineering Department has reviewed the site plan dated March 27th, 2001, for the proposed development. Comments are as follows: • June Avenue between 69` and 70 Avenue has been vacated. The Developer should be made aware that a permanent 60 -foot wide utility easement remains over the vacated June Avenue. • Public Works Staff has met with Hennepin County transportation officials to discuss the onto Brooklyn has Boulevard. The limited access o entrance onto Brooklyn been verbally approved. The "pork chop" should be relocated onto the property out of ® Brooklyn Boulevard right of way. It is the responsibility of the developer to complete the detailed design, calculate quantities for a change order, and provide staking for Hennepin County's contractor. It is imperative that this work be completed within the next week to accommodate the Brooklyn Boulevard construction schedule. In the event that the design work for the Brooklyn Boulevard entrance is not completed, all costs for the removal of curb and gutter and to construct a new entrance will be borne by the developer. • The City -owned and maintained sanitary sewer and water main under June Avenue shall be replaced to City Standards. In the event the developer requests that the City replace p tY p the utilities and assess the development a subdivision agreement will be required. • Hookup charges shall be in accordance with the 2001 Water and Sanitary Sewer connection charges of $3,000 and $1,500 per parcel, respectively. • The developer will be required to enter into a maintenance agreement with the City. • As -built drawings will be required upon completion. • The erosion control plan shall be resubmitted and include showing only one access into the development, staging, street sweeping, etc. i • Final approval should be contingent on Shingle Creek Water Management Organization approval. I • The storm sewer located along the vacated June Avenue shall be a minimum of 10 feet from the water main. • The sanitary sewer and water connection to BP Amoco will require excavation of 70 Avenue. One lane of traffic shall remain open at all times and the developer shall provide traffic control in accordance with the Minnesota Manual on Uniform Traffic Control Devices. 48 -hour notice shall be provided to the City before performing the work. • A manhole shall be provided at the connection to the Sewer main for McDonalds. An exterior grease trap shall also be provided. • The developer shall check for utility conflicts between the storm sewer and utility services. Vertical clearances on pipes shall meet City standards. 70th Avenue North B K V G R 0 U P 7 Architecture Interior Design J 5 Engineering ; Boorman Kroos Vogel Group Inc. 222 North Second Stre d. I Minneapolis, MN 5541 Telephone: 612.339.37 Facsimile: 612.339.62 WMfW.bkvgroup.c:o CONSULTANTS ASSOCIATES 0 T, A 5 PROJECT TITLE BROOKLYN CENTE RETAIL \ \ «•` � _j REDEVELOPMENT 4, VEET WDEI wo 09 4 4 REVISIONS No. DATE SITEADJUSTMEN3 5/111 L =5 .92 At X j DATE DRAWN BY CHECKED BY ....... ....... COMMISSION NO. 1 141&10 0 SHEET NUMBER o . . . . ... . ................ . ........ . .. . ........ ..... ...... OUSTING CONDMONS AlArth ..... ..... C1.1 • B R KV 70TH AVENUE NORTH Architecture Interior Design p ,..,..._ _ — °'•° _ �— — Engineering t . l t —.— R — ^ — — —� Boorman Kroos w : «<.. i 1 pp ! r t --� Vogel ;. I - - ,, ru O k Inc. � I N � Group �•, ' o A ,, v . "' C ° 222 North Second Street ____________ L Minneoporis, MN 55401 Telephone: 612.339.3752 ,... • y . J' l — ° i - Facsimile: 12. P4.6212 w i ww.bkv rou com ----------- -- I CONSULTANTS \ I EEO ECTTILE -- ------ - - - - -- V EXI RETAOKLYN CENTER IL RESIDENTIAL ._________ / REDEVELOPMENT i ^ L li x — - - - -- - - - - - -. SOMME \ - — SITE - - -- \ _ I \ il ' l DEVELOPMENT ll PLAN '` \ -- -� - ----------- mod. , a BUILD NC & SITE DATA _ ` '\ . _. `---- - - - - -- I �NMOY CiR EM i Ay — - - - - -- — S i� BLDG TYPE OCC. CONST. SQ. M PARKING AR `� '\ Lkwu-n rm,..ad ncw.ci uMn IaEE • _ � - .______ -___. , . - bbnbCr f,eN MMirwnle. A CONVENIENCE STORE/ M/s VN 422 sA L19 Ac `.� \, �� '\ t— I - ° PRELIMINARY GAILWASNIJOCL. - -__ -- \ ♦ I _ �' FOR D McDONALD'S AS VN 42b 46 A7 AC '\ - _ =- - - - - -- ! j _ �•� -�- G � C RETAIL M VN 7000 41 L04 Ac ♦'\ i i 10 i ,AlFDY, n110E AT G�?NTR N '•x 2.52 Ac EEVISK No. DATE D RETAIL M H N 29 }7! AS •\ •\ NIS AwrwrTq yw TOTAL TOTAL S. F. TOTAL PARKING ACREAGE '\ _ I 45.029 251 5.62 Ac —• " —�' �L 1 � ......... ... 1 2IE PARKING REQUIEM �, OATS ED YON, No ITN 4sozs v • Wwwwo - 246 000 0000 —` —' �i L — '� CHEC e w Y 01 - 000 3 -- I co T tSSIO NNO. 1 .3.1. C - C= �- 'xa,D' SHEEP NUMEER mNraY Oa,u,uAncrt- p ^ SITE DEVELOPMENT PLAN c] 69TH AVENUE NORTH 1 .`KALE I• -3D' M,5- iD- AgP2.Ow9 p AD• 1 r L1 / ^ O 200, ecv G.ow �` '\. ,./ .. �ii � l � /, �� � .._: i...._........_..— I.YSY'„ -_ -•__ .. -. _. a.Y ._ ...... ...... �Y:'l':x' ..._.�..•.Y.__ i ii' �y' 4'_..—...-_-.... nr_..._._..... .._.._a:y_.._..._.......- -..... SN_'A._._ BKV� \� IA.Jk1..AlILLI. E.._NQR.iN ro•+..a..... _..._._.... _ _ P \ -- -- U G R O U L - < rChlteCtUre • \ � \..... _...Cn4 -.__ ..2i.xu <wuov -• ,. ",.. SS x::i- n�^'^°^�^, +g � .. .... '�..•; � °: "'�\__ _`,�.` y�1 .. °' "--•�--� "' v .� \ . s 7 _ `• ! I � } ' � Interior Design ' `\ + u.._ rt ",. ��..... 4 ��,.<, �. _ _. ,�,.,, .`'% aw RSi.a i X •� Y .[ , 1 iJirn "� _ Engineering t 1 t` r - �//' I _ 1 4 y . j ; t :° R a� Boorman 1.` IIANIBMMIf( Kroos ` j \ \\,M .s \'✓ Ts�_ A 01 1 Group y \ • .. �.,.,. , v ..fig „: C:_`' `* 222 North Second Street FFE T �, b �• ' -` o Minneapolis, MN 55401 Telephone: 612.339.3152 D w_ tt� I ' 1 Facsimile: 612.339.6212 — — — _ — - www.bkvgroup.com \ .� . I � D •• +a r � � CONSULTANTS 4 . c i � ASSOCIATES ExISnNc ` \ \`\ 0 --' 0' °,' -j i 1 PROXCT TIRE ° FEE 1636 +` RESIOENT1AL .. \ s0 BROOKLYN CENTER RETAIL - — — — — — - .a , I ^ , REDEVELOPMENT \9a ` slcwa `,+ , _/ a �” I •• �•E... i Z g x - O ' I u s i V \. . \ ,\� r YyP ` - r..,. _ - ta• -`,. °tee r ,x P w ' j \ `� Yk \\ • \,y °° a ` l '! •� ; J - - -- f SHEET INDEX IM ll� \ `\ `\ : •\` \\ r++ i !._ ..� - - - - - \3`,t11{t 'a I.4 ...:........,. 311T AM PROPOSED LEGEND ` •r k: I . "'' �' s ' REV61oNS No. DAIS • idol wr1 — .• — aBla, x.[11 p cAAOe `� \ . \\ '� � .. . y. I 1 `� • �I... GST .�0 FEEWE AT srtE ADJUSTMENTS vllrol srow I E — • — sal..11e a s rBBT rotATBR vAK \ \ \ ; A `- , ' i ^ - muRl un jj ♦ mars _.._m..Wx aK.wo \ .\ \ ^ \ - ' �.. _ _ _ ' - • :., "'' �_ .' - --- I w b. rou �mncrt ''ocao.asnxc \ l +' \' w. — ' 1 a i• I I • rv.w roc � xvcrAP r+l.ap \ `\ �. ` N •� �. _ [L � � � •�'. DAIS I .twrol • \ ♦ •. `. 4 j..�'� DRAWN BY IM aw tat am" \ `` \ \AMt: r` .. _ •"'� j ••b " - —�'^ 4+ ,- CHECKED BY F.Vt \' •qa >Vet OLMlla. , 1 .d� \. ` \. ... "� . �.. _.•.- _ �" _ :.-- - •' `<•ti COMMISSION NO. I I4I5.10 TAQ U.B •� y3j\ .t •` Q y�'!PO 1 Y'�' _. .: ;Y:+ i - i '" - t .� �� SHEET NUMBER • i A . , 1 � ! .'• :, is � ..... C n..a sa1 lux attw+co __.... ,::.... n...-_._.: a-_.:, i.. GRADING AND .._ _._.: F7..._._. rt ,__..._....._ :,,,...._._.69T,H.'.A�..IFL!... RI}!.._....__..,r.- - ..._». : ---- ..a.._.._._._:a —_ �E__ \ ' +. G ....... i 1 -',.. _. �•��� »' � \ ` \ ..�- ... -4_--- Qom•____ __.......... .. : .. ,;::,__- .--- .!a•- --- - -- EROSION CONTROL PLAN _. �... .` -b - .- _. ------------- . ._...__. ...... ...... .. : „, ......_......... _._._..._x...- ......... -' - -.. - =' - ... _ ... ...... r ._.._, wF....-...-._ ...�.......__._..__q•R_.__...._ • �..- _._...._...C.Y- __.__._.µh —._ II C3.11 .. 1 f ! BKV� 1 t it .. ......_.- _....._..... _' R " - — - - - s ry , ..,� ..._.........\,..w- ._....'___ <ui _........ .._ -,,. TA F.-^ __ .. ..,.,. Ar chi tectu r e , Ar itectu ♦ ♦, \ � K .. .� ... -.. -- "-1�� Int riot Design s I Engineering i I Boorman T �4\ . ♦•._...., hr. 1 f ~- 1 ( ._c._: --�.. ka (: t- ='—. KrooS \ x J. \ \ 0 — — —_ -_- GCOU 11 1 A I Ff8 N30 �- � Inc. ! - � srTji y - - - - -- 1 1 222 North Second Sheet ` \ w FIX T ' r° a`" ° Minneapolis, MN 55401 29 b \\ \ Telephone: 612.339.3752 , o �+ 1 Facsimile: 612.339.6212 , i \ 1 www.bkvgroup.com ` \\ ♦` :!\ S ;� E y I I I I I ( �, " ` I - O \ i CONSULTANTS ASSOCIATES OR ♦ \ \\ ♦ 4` 10 nimosEO rBOPU U'f •7 ! 1 TI O \ 1 PROJECT TIRE rj ow .. r xa swwK 1 — — — - BROOKLYN CENTER ° D RETAIL REDEVELOPMENT ♦ ♦ I T 41 \� `\ IR SHEET INDEX j c ♦ 3s � ti \ `II \ ♦ \ \\ \. \. \ \ ti T a 0' O \ I w.�e �.. F.FEN1.6 \ - PROPOSED LEGEND � r `x.. \ `; _ - aEVUru lo No. DATE • tome, at4r, —' —mTw ss.a p attar ♦ \ •\ �� ^•••..'.. '" . I ' SUE ADJUSTMENTS -"-I p slat 1wa,at — •— sNtaNn snp Igff ItaCAPOR waa[ � ` ` `3 • - . t (!'� � \ �. << t • z«.rNlr sm,.,011 — .— ,TaIa1,AIl1 •i(� mwt110U5 MIX i \ ,(`� I .•• r �\ � ,�, � �� ' n • % ; � i II ua,r rat[mmxtt °�°� "� ♦ `k ♦ a T.� �,:. \ 1 V ., -• •'• .`.r'� ..' _ 3 - • POrFA rats DATE V1 — DRAWN BY m 1 f, x.mrr rweoa ♦ \ _ \�♦ \ `'� I � n, _._. _ '• - .. I 1 N Mla T- f0. BOBr,6 ` \♦ ^ •\ �. - �• `It`^ 1 TT `Lr .• __JI saw •. ` 1 \ \ ,+,♦ . _ •. •- CHECKED BY 1 rAc .r, lrOf OLWliax .. \ \` \ \`.. - . _ �.. r ... •.... .. , - --�� _ — t- Y- ..`-`M - - t COMMISSION NO. 1 1415-10 . 'k �•. Q f.,�� L Y , 7 : .t ... � SHEET NUMBER V Y C � • n ,.- .......... _._�.__...:, I . •f-_...._..�n'�w,o. >r.s,.:r t..,,a......a..a�ma. ._ J48+ - w _- - _ ._.. ..... -_.. ....__. . K....._....._..._ R �._. A.._....._ ..>1; ._._..__...:t..._.___..y A..__.. ...._.......Ix _ •__••_ - " "' tt--- ._..._s¢ - t.._ — _.__r"."__'.. — ,et .. ! i UTILITY PLAN -K _.._......:_ CIS II a a aw::::. :nn::e.a:_r..w_a.fn_e..:._. —.�. BKV CORNE - EE SHEET 1-I.3 :__ - - --- ____ _ - : _.>✓_ ___ - - - - __ —___ - - _ —_ ___- � ___ _ _ � _ _- _ Architecture - - -- - _ Interior Desigh Engineering ° — — — 1 _ -- Boarman t Kroos Vogel =� Group Inc. 222 North Second St /Y1BOL PIANf TYPE1po —AL BBB LBY = -1 b _ - -_ I • I �•j Minneapolis, MN 5, , iXfB„D,A BNDE,7Rf - : - ,rr Telephone: 612.339.: j - j NOWAY NAME — __ - -- -�'� — — — — — — I :� Facsimile: 612,339. - ON111111111� - ! -{ ,�, ° - - - - -- www.bkvgroup.c swAwwHTEDNt � -� I CONSULTANTS A Fm�Y. un�ikfir won PUpY' -_ _ /\ .,,.,N,.B ` =- __� C C -- I I = __ _ ° I _ ASSOCIATES T ( If ORINYElIfK 1REEl.,•GL WN - - - -- -- -- - - - - -- - -- - — — — — — - I - _ L - - tM•i•1. W.ti. YAW . AV DERYIfA3E1R/ _ - �� �M.IM�Wif� ♦ PRO#Cf 7 -- - - - - -- = T - - - -- 1 • III RwNGCIMb,PP,E RlE == BROOKLYN CEN - - - - -- _= RETAIL , C Cmok OBTREEB -PNT. — ° I _ REDEVELOPMEN' eoLOaADO I __ '� D.++w PIa.�W _ ♦ - _ 1 = PM...w BWNW PulYn6 ARBORMTAE.pp ° iT BaB1 Bf BYY SE O OECGIDOB 8NRU3H•BLPOf SHEETINM BUSH NONEYffiApE pWARF WINOEDEI,ONYYpi6 — — — — — ( , Wwc�M1 AvI• weB EA MO ADO _ _ __ Como root BHRff \ __ \ _ -- r I • ° __ nA ANNAB HYDRANGEA � YO°•tl° �mBW ALL DISTURBED AREAS TO BE SODDED. \ -- — — — - AIPANE CIIBINT ALL LANDSCAPED AREAS TO HAVE UNDERGROUND. R AUTOMATIC IRRIGATION SYSTEM PER CITY ORDINANCF- \ '_'_ —y — — — — — — _ KHAN wAC GENERAL NOTES: \ \ _ - _ \ - . -- I ° 1 1 i� BOYP myrl'PYzBY _ _ \ 1 LANDSCAPE MATERIALS FROM COUNTY ROAD IMP:OVEMENT9 O CD.RFFnolB BeraAR.RPOf DECIDUOUS SHADE TREES 18010 180 POINTS = - _ _ ° 1 _- CONIFEROUSTREES 1408 s84 POINTS _ _ .� _ REVBIONS NO. D, BSA GIE.IJ�IBWPER�h+AY ORNAMENTAL TREES 5013 sB POINTS SITE ADJUSTMENTS 5. SAVNANPER ADOL LANDSCAPE POINTS PROVIDED s252 POINTS = _--` -� ___ - A.p.N.ar rAIArtDN B'RFMR1DY79•I BROOKLYN BOULEVARD IMPROVEMENTS: ( { •LMX EYED 2 ACRES POINTS REQUIRED 00 ACRES 080 POINTSIACRE 180 POINTS PIN - _ - - ._ DRAWN BY �J ewAN 0 i = -_ 1 , - _s _ , RuEtlYNeuYuA -- - -- - i _- _ . 3.82 ACRES 0 80 POINTSIACRE 21B POINTS AUNMNJOYB�UM ___ _r= __ =_rr__ .r __ — �_ __ CHECKED Pu 8 b,' TOTAL SITE AHEA•5.82 ACRES 378 POINTS Q�QQQQQ COMMISS NO. 1 141S. oAYUL� w LANDSCAPE POINTS PROVIDED: . � — bzwtlN•IlwYdhna DECIDUOUS SHADE TREES 81010 :510POINTS CONIFEROUS TREES 32 0 8 •192 POINTS ORNAMENTAL TREES 38 013 = 54 POINTS CORNER ENLARGEMENT- SEE SHEET L1.3 0D a Tap DECIDUOUS SHRUBS 1360,15 s 88 POINTS C= _ r CONIFEROUS SHRUBS 920Z = 48 POIMB O .. ... LANDSCXPS PLAN -� LANDSCAPE POINTS PROVIDED s 870 POINTS �Ly� 23011 ABOVE REQUIRED o r� o BY ea so• PLANT PALETTE: LANDSCAPE ORDNANCE CALCULATIONS: I r II 1' • BO'-C . 0 2001 8KV GwP --POI-1 COMMCmRSN%LWIRTTTE R TOAIMRTT0c-HE [1A'KIVSAKIWNAN flNSHFDftEVK10NR 111'Of ELEVATIONS WMRESDDSMM MPAVWSWACd.fKHWQADEO( WMMIIG ANlFOI1 SHLLL eECORRUGTW INC rrHD t•OfATd COMEKTORISEFSIONFN MONQMNDMA .CEMA`L H SOMSEED T BKV $.A C AREMICYNNCEOVERCONmUIK AWLef HDI•eDONSU1iK MAMNOf TRAR. WGLVERTNWN T1ElREF efwc.ROTa m gQUNfiY NFAW MW IWALL LY WMAT UNf dVIB aT IEOFOWN ACCWFA CpIdIgMR[MTRFGTOAIE T.NTWEANDSCpEOFWDIRL VRBG WATDIHIODf C.frEMNA AN1i1FALTUIm(q TNa IIAIKAE WIW AMACBVVANMIISMgdAAWC2WH -YCKCURrRIdlro MNMAW AIMORM QAD[eE1N'dNNNTpNf WARFK ALLDgOWIS TrfB FIMTm WTIAFALLPMq TOIi -LAM ITVNFRACC1IMANCESW KTKRESPON11fW O"" VTRIfYUYOIIT AND ANr dMFNNON1AwmAN.SeNNCroTNf 1)ADED IA%Bf orHrrWArolEn lOOfIHIL SE IADM.ALLnrorNf earrraNSAND1NWlIwW RFMOVfALLwRAFFNVY'ARd S -I. 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'-- .i - p y � MULG,- rDEFA- SEEFEC SHEEP NUMBER 'T�:'• ':'i•�' ::A.y. WDDDAArtlanldwl IANfnF'APEFNRiC- SEE SRC EDCNOANTOW- SEE S/BG PEyr EMEVAR I= Aw. - NAN ES- RMTOMN TM•DIAABTERCONLRElEFOOTM ::!•. xNfr,nrmww.rosmBOr ` (�'•`- NIDIF rRIO.ronANTwc !;S!Y . •.F. RaorvuAraNMOlWOmweduq Pl VSGI51'A77( DETAILS 1 f : LoM.ACTdla.61DMNISIdt PIANDNGSOL -SEE SIK DESAII9 IISdID fdfdAlgN MTBr.W ro %w my iodiDRUD�dNACEp� WRMIG WALLIIM PVC PRIVACY FENCE @ EAST PROPERTY LINE DECIDUOUS TREE PIANTiNG DETAIL ❑S SHRUB PUNTING DETAIL �I L1.2_ U.2 ,cNE Vra•a L11 rte. IP.ra oA. -. I. L..' L1.2 cNRyra•a O 2WI BKV Gt" 70TH AVENUE B KV G R 0 U': f' % Architecture Interior Design Engineering — — — — — — — — — - % Boorman ;;;"L IRON FENCE WITH HL Kroos :�. U Vogel — _ __ -- _____ \ ` I -- — _ —__— � — — — — Group Inc. 222 North Second St - - — — — — — — — — — - ACCESS Minneapolis, MN 5! — — — — — — — — — — — — — Telephone: 612.339.,* — — — — — — — — — — Facsimile: 612.339. — — — — — — www.bkvgroup.c — — — — — — — — — — — — — - -4 CONSULTANTS BEV E NONAGE - SEE ARf4 PLANS Q ASSOCIATES El P E PROJECT TITLE ORNAMENTAL STREET IDaURE BROOKLYN CEN ORNAMENTAL PEDESTRIAN UGHTr FIKTURE SHRLlo I P IAL MIXTURE RETAIL — — — — — — — REDEVELOPMEN' A T� - - - Co C AL IRON FENCE BLOCK PIERS - - - ACCESS RAW VNING WALL SHEET INDEX %rL..j ky aw ORNAMENTAL IS LIGHT lam—_ mv. D m 1 . 10%W NORM 69TH AVENUE ENLARGEMENT - BROOKLYN BOULEVARD & ISM 00 PE 10 0 7— REVISKINS IN.. D, SITE ADJUSTMENTS DAIS - - - DRAWN BY PM P - lv�w Nam - - - CHECKED BY I'm ENLARGEMENT - BROOKLYN BOULEVARD 70TH..,. COMMISSION NO. 1411. SHEET NUMBER CORNER MONIJIMBIT ENLARGEMENT PLANS tamR II L1.3 0 2MI SKY Group 1wpftM i ° I y i� �g 6 C 6 6 s C \ t f L 6 f : ;!' \iI��I�' • • • a g BROOKLYN CENTER p SKVGROUP —w fi 4q� aAS 3AA a�� aA� a�A q F� ti : LF Fi �R S y S S 6 3 5 5 E 6 C 6 6 s C \ t f L 6 f : ;!' \iI��I�' • • • a g BROOKLYN CENTER p SKVGROUP —w BKV G R O U P Architecture � Interior Design ( A e c c � 0 Q l" Engineering Y i g! I j f 1 Boarman Kroos Vogel Group r __ r Inc. 222 North Second Street i i I i i i i i u Minneapolis, MN 55401 Telephone: 612.339.3752 20 - - • — I 1 f 1 , 1 I r 1 I 1 1 1 Fa 6 oup. om www.bkvgroup.com CONSUITAMS i i i i ' 1 - ✓\t I t — D — . - � --- G- -'� - -i _ --- --- '_— _- --!-- -__ , 1 1 I I 1 I I -- - -- 29 R ` r a ► x a I x_a r. a x., i r_n I ' c -v x• -o• v -r - " ° I I I I PROJK, TITLE BROOKLYN CENTER RETAIL REDEVELOPMENT ^ t>� eere.wda. Kw m.R: ( FLOOR PLAN p+xt eera+w , At SCALE, t /�L' -1' -O' �• SKETME FLOOR PLAN ' AND BUILDING SECTION BUILDING D P.U.D. SUBMITTAL `� ^_ CE�IIFiCAnpN � ff + nr pan Rxa+�aea" E TA. fDnSvR I , r TTf nlC,uNrGY, UNT ^� a+eal e.NM�l�an eo lama /,S4.USTFD E- ROOFING lTSTIF+ U"cMleO M1Oleebnd NCMec+ I ( TA. CWwG ere n.+w+N. bole of M'mewla / sr eFAawa ` in.7 m 1 1 I I I DdY Vepel T o. wrNOONSI i t I� l 1rJVr I I I I I uca,Na Nu,aUeF �� l l I 1 I I MN.MRa REVISONS NO. GATE Q IrN. FAR. I � �RLiLrU�sl19. DATE 4 BUILDING SECTION CHECKED er ct - AI SCALE, 1 /D' -I' -O' COMM6.SION NO. NIS 10 SHEET NUMBER Al O 2001 RKV C—P t , BKV R C) 8 0 0 .0 0 Architecture Interior Design Engineering A Boorman Kroos Vogel Group Inc. - sul: Y .— ..:. -:_ ------ -----_ _ Auern •eo+NVa " — - Ih 222 North Second Street Minneapolis, MN 55401 Telephone: 612.339.3752 SIDE ELEVATION Facsimile: 612.339.6212 SCALE; /a .1 -0 www.bk-vgroup.com CONJAWS PROJER mE BROOKLYN CENTER on GI; �LVI a RETAIL • k l H!". "M. REDEVELOPMENT BUILDING FLOOR PLAN & I 0 BUILDING "C" FLOOR PLAN & ELEVATIONS w E! ft I P.U.D. SUBMITTAL I PPP m l I -Tor a I ex. FRONT ELEVATION 5CALE- r DATE DRAWN BY c I=ED BY coAwIISION... SHEET NUMBER REAR ELEVATION SCALF, A2 O =1 wc, BKV G R O U P Architecture Interior Design Engineering Boatman Kroo Vogel 1 I 1 I 1 I 1 •sx °• '- • -•-rr' 1 1 - Group Inc. 222 North Second Street t2w - _ I I Minneapolis, MN 55401 Telephone: 612.339.3152 Facsimile: 612.339.6212 WE5T ELEVATION wvrw.bkVgroup.com SCALE. I /IG'.I• -D' CONSUItANR PROJECTME BROOKLYN CENTER T T I I Q Q �« RETAIL T I REDEVELOPMENT t ag 4M _ I SNEET 71RE Q z STH ELEVATION NORTH ELEVATION EXTERIOR a OU SCALE, 1 /IG'.1' -D', SCALE. vIG• -I' -D• ELEVATIONS P.U.D. SUBMITTAL CERTIRCAIIDN ,n..v a..nhac, ow ala.. m.eneoRaa I. emaM wp. yapor�agm�auNSmE ' baci tiaa.•vaa a,e oM lam oUM I llnmoG ProlWranal AmIJ,M vEr ' L L L L } / / / M�a bntal lne31aM O1Wmba \ \ TT ' // ��TT `, e W ' W , T r , 1 �; •1 -; -I REVWONS Na DALE - 'L4 tum qy DATE NIRNI DRAWN ST ROI CHECKEDST C a EAST ELEVATION COMMWSION NO. 1.1s.10 3 SCALE. 1 /IG'.1' -D' SnEET NUMEER A3 O =1 SEv Da>•+0 BKV .mNi[.®.Li.L �•.., , A[� n 0 G R O U P larLSmm K tv n Architecture *� "• [� �,,, Interior Design Engineering [re co.ers• ra.a1[ [ ' S e.o sa.m n�Y nn co.[a Boorman `s � �• Kraal [—�� Vogel Group a r'9zicoct�ra -•.[� � �:ta,'I�t: n. • �` ;�' '•.� }= Inc. A I 6• � n.eewr (�_ Y 222 North Second Street ." m`.� �..�L �• \ a „� -p _� - ' ,,,;i ; A „ w t :.�� Minneapolis. MN 55401 z m[ANr.a,..o[ Ha�AeR..raeb[ Telephone: 612.339.3752 _ _ 3 Facsimile: 612.339.6212 ..,,.re '- - - �"""•�� 7 www.bkvgroup.com r n.[vw -.ccvn swo j CONSUIEAM � ia: wm.•rws - � ne�ean AccuvE � I retie lACeeeoc � ,row�AwlAO[aroa[ eo.i[ rACm w. NLL Nw Rif 6.esflEi f [ YM �' D o� IwLL� ! lCwx1 NY[�iW .LLN�wY.NVtN.Yn "�' � \ } I 1 ;` PROJECl1511E �, BROOKLYN CENTER RETAIL z REDEVELOPMENT EE ortt ED ♦'.xrnc,o °V'\_ �Kt<[LA4 % 6 O a!rc[ow pv iw >wox eop[rK[D ��� { � Jf# =p•Lw [ �`, -' _ S / R N. ti Fm.. _._ SNE:T 11" t —J WALL SECTIONS P.U.D. SUBMITTAL I CERTFN MN •' I IMeGI'oa.M1'mo1 DCan,s.1 [+elebd AKNYa „WY /�TTPIGAL WALL SECTION TYPICAL WALL SECTION T14R000aN PIER ^TYPICAL WALL SECTION 4TYP. SECTION o REAR WALL / SECTION AT END WALLS •�•1��*`•sal.aw.�aero. v MALE. N'.1• -e• n] B E. VY MALE, .1•_D• uV N'.1'.O' A] SCALE IR'.I'.0' Au] [SCALE• N'.I• -0• Gw W+0[1 • 1.]al {iCeNe N.sn[NM REVISIONS No. DAiE DATE VIIA11 DRAWN By GY CHECL®By C CoNwmi JN No. I IIIS.Ia SHM NUMBER A5.1 . O ]y[II tRV aaw BKV G R O U P Architecture Interior Design sn,k sN� E K Engineering Boorman v „� —:a: �—• Kroos amaw sww RDUCmR c,.sr wum RDUOa Vogel uw, Raa+fl , e,:awa Group Inc. 222 North Second S1reA1 Minneapolis, MN 55401 Telephone: 612.339.3152 rwa n.� Facsimile: 612.339.6212 www.bkvgroup.com 7A PRO�I MLE S J CONSUl1ANR �/ srs •.w- caw , swm, waRac 333 r s souu cw +X TT BROOKLYN CENTER ENAN RETAIL SPACE A ,,®,, REDEVELOPMENT ,.QaeNa \ �RMUNN,iMt,R MIX[ ME WALL SECTIONS I U P.U.D. SUBMITTAL CERVIC.A,10N TYP n«.w dory RM M w..,wc aneor,vw p.poMAm. aeaen np ,A.e,.y.ww.eaa tia i em a �.m., {Ieanee Faeaaal Aaweel nv w. a m s,ae a.urK.aa. TYPICAL ENTRY PORTICO SECTION. 5CAL SECTION AT ENTRY PORTICO Al SCALE, 3/3'•1' -0' Az SCALE, Gary voRM ,AMP I,CR WnYMr "v",o,.'S NOT FO .All DRAWN IT G+S CHECKED ET 6v Cony Mom NO. inS.ta SHEeN ffk A5.2 . 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"p— At S'.1c F.W.I. 1. p. bl. 1. tft.114.9 fidd d_ — -W NTS -kIN s4W—it— mMtadfwpedf_IWWIm �� » % \ � \ © «� A � } � � �� � ��% Member Stephen Erdmann introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2001 -02 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2001 -009 SUBMITTED BY BKV GROUP ... WHEREAS, Planning Commission Application No. 2001 -009 submitted by BKV Group proposes rezoning from C -2 (Commerce) and R -1 (One Family Residence) to PUD /C -2 of a 5.6 acre site located to the northeast quadrant of 69" Avenue North and Brooklyn Boulevard; and WHEREAS, the proposal comprehends the rezoning of the above mentioned property and site and building plan approval for a 45,029 sq. ft., four building mixed use commercial /retail development on the above mentioned site; and WHEREAS, the Planning Commission held a duly called public hearing on May 17, 2001, when a staff report and public testimony regarding the rezoning and site and building plan were received; and WHEREAS, the Planning Commission considered the Planned Unit Development request in light of all testimony received, the guidelines for evaluating rezonings contained in Section 35 -208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development ordinance contained in Section 35 -355 of the City's Zoning Ordinance and the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2001 -009 submitted by BKV Group be approved in light of the following considerations: 1. The Planned Unit Development is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2. The Planned Unit Development proposal will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. 3. The utilization of the property as proposed under this Planned Unit Development rezoning is considered a reasonable use of the property and will conform with city ordinance standards except for allowing a building setback of 15 ft. rather than 35 ft, from the Brooklyn Boulevard right of way for a proposed 7,000 sq. ft. retail _ 1 • building; a 10 ft. rather than 15 ft. greenstrip along the Brooklyn Boulevard right of way in the location of a proposed convenience store /gas station/car wash; a slight building encroachment from the 35 ft. building setback from 70� Avenue North for the proposed car wash; and to allow parking and a portion of a drive �- lane to encroach in a 35 ft. buffer area located along the east side of the site. These modifications from the C -2 standards are justified on the basis of the development being an appropriate redevelopment of this are and that they are offset or mitigated by various factors contained in the approved site plan. 4. The Planned Unit Development proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the City. 5. The Planned Unit Development proposal appears to be a good long range use of the existing land and this redevelopment can be considered an asset to the community. 6. In light of the above considerations, it is believed that the guidelines for evaluating rezonings as contained in Section 35 -208 of the City's Zoning Ordinance are met and that the proposal is, therefore, in the best interest of the community. si BE IT FURTHER RESOLVED by the Planning Advisory Commission o n o f the ® City of Brooklyn Center to recommend to the City Council that Application No. 2001 -009 be r- approved subject to the following conditions and considerations: 1. The building plans are subject to review and approval by the Building J Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure completion of all site improvements. i 4. B -612 curb and gutter shall be prov ided around all dri and p arkin g areas. 5. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 6. All buildings shall be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. � J 2 7. An underground irrigation system shall be installed in all landscaped areas : ; t ! to facilitate site maintenance. 8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 11. The plans shall be modified to provide a sloping roof or mansurd -type treatment around all four sides of the McDonald's building. 12. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center standard specifications and details. 13. The storm water drainage plan shall be subject to review and approval by the Shingle Creek Watershed Management Commission prior to the issuance of building permits. 14. The applicant shall obtain an NPDES permit from the Minnesota Pollution Control Agency and shall also provide adequate erosion control as approved by the City's Engineering Department. 15. Trash pick up and truck deliveries on the east side of the multi - tenant building located adjacent to the residential properties to the east shall be confined to the hours of 8:00 a.m. through 5:00 p.m. 16. No building permit will be issued for construction of any of the proposed buildings until the plat comprehended under Planning Commission Application No. 2001 -010 has been given final approval by the City Council and filed with Hennepin County. 17. The applicant shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. Said development agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the C -2 underlying zoning district as well as all other conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. 3 ® 18. Approval of the PUD includes granting a Special use Permit for the McDonald's restaurant and the BP gas station/convenience store /car wash.:;' 5 -17 -01 Date ' Chair Pro Tem ATTEST:� Cam_ c Secretary The motion for the adoption of the foregoing resolution was duly seconded by member Rex Newman and upon vote being taken thereon, the following voted in favor thereof. Grady Boeck, Stephen Erdmann, Rex Newman and John Whitehead and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. 4 I Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2001-009 SUBMITTED BY BKV GROUP WHEREAS, Planning Commission Application No. 2001 -009 submitted by BKV Group proposes rezoning from C -2 (Commerce) and R -1 (One Family Residence) to PUD /C -2 of a 5.6 acre site located to the northeast quadrant of 69 Avenue North and Brooklyn Boulevard; and WHEREAS the ro osal comprehends the rezoning of the above mentioned P p p g property and site and building plan approval for a 45,029 sq. ft., four building mixed use commercial/retail development on the above mentioned site; and WHEREAS, the Planning Commission held a duly called public hearing on May 17, 2001, when a staff report and public testimony regarding the rezoning and site and building plan were received; and WHEREAS, the Planning Commission recommended approval of Application No. 2001 -009 by adopting Planning Commission Resolution No. 2001 -02 on May 17, 2001; and WHEREAS, THE City Council considered Application No. 2001 -009 at its May 29, 2001 meeting; and WHEREAS, the City Council has considered this Planned Unit Development request in light of all testimony received, the guidelines for evaluating rezonings contained in Section 35 -208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development ordinance contained in Section 35 -355 of the City's Zoning Ordinance, the City's Comprehensive Plan and the Planning Commission's recommendation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2001 -009 submitted by BKV Group be approved in light of the following considerations: 1. The Planned Unit Development is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2. The Planned Unit Development proposal will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. RESOLUTION NO. 3. The utilization of the property as proposed under this Planned Unit Development rezoning is considered a reasonable use of the property and will conform with city ordinance standards except for allowing a building setback of 15 ft. rather than 35 ft. from the Brooklyn Boulevard right of way for a proposed 7,000 sq. ft. retail building; a 10 ft. rather than 15 ft. greenstrip along the Brooklyn Boulevard right of way in the location of a proposed convenience store /gas station/car wash; a slight building encroachment from the 35 ft. building setback from 70' Avenue North for the proposed car wash; and to allow parking and a portion of a drive lane to encroach in a 35 ft. buffer area located along the east side of the site. These modifications from the C -2 standards are justified on the basis of the development being an appropriate redevelopment of this are and that they are offset or mitigated by various factors contained in the approved site plan. 4. The Planned Unit Development proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the City. 5. The Planned Unit Development proposal appears to be a good long range use of the existing land and this redevelopment can be considered an asset to the community. 6. In light of the above considerations, it is believed that the guidelines for evaluating rezonings as contained in Section 35 -208 of the City's Zoning Ordinance are met and that the proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2001 -009 be approved subject to the following conditions and considerations: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure completion of all site improvements. 4. B -612 curb and gutter shall be provided around all driving and parking areas. 5. Any outside trash disposal facilities and rooftop or on ground mechanical • equipment shall be appropriately screened from view. RESOLUTION NO. 6. All buildings shall be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 7. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 9. The applicant shall submit an as built survey of the properly, improvements and utility service lines prior to release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of P ermits. 11. The plans shall be modified to provide a sloping roof or mansurd -type treatment around all four sides of the McDonald's building. 12. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center standard specifications and details. 13. The storm water drainage plan shall be subject to review and approval by the Shingle Creek Watershed Management Commission prior to the issuance of building permits. 14. The applicant shall obtain an NPDES permit from the Minnesota Pollution Control Agency and shall also provide adequate erosion control as approved by the City's Engineering Department. 15. Trash pick up and truck deliveries on the east side of the multi -tenant building located adjacent to the residential properties to the east shall be confined to the hours of 8:00 a.m. through 5:00 p.m. 16. No building permit will be issued for construction of any of the proposed buildings until the plat comprehended under Planning Commission Application No. 2001 -010 has been given final approval by the City Council and filed with Hennepin County. RESOLUTION NO. 17. The applicant shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. Said development agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the C -2 underlying zoning district as well as all other conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. 18. Approval of the PUD includes granting a Special use Permit for the McDonald's restaurant and the BP gas station/convenience store /car wash. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 25th day of June, 2001, at 7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Chapter 35 of the City Ordinances regarding the zoning classification of certain land. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (NE QUADRANT OF 69TH AND BROOKLYN BOULEVARD) THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35 -1190. COMMERCE DISTRICT (C2). The following properties are hereby established as being within the (C2) Commerce District zoning classification: Lots 6 thr 18 B1 7_ T z ' , o.c .., �ar Section 35 — 1240. PLANNED UNIT DEVELOPMENT DISTRICT (PUD). The following properties are hereby established as being within a (PUD) Planned Unit Development zoning classification: 4. The following properties are designated as PUD /C2 (Planned Unit Development/Commerce): Lots 1 through 4, Block 1, RonSam Addition; Section 2. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this day of , 2001. Mayor ATTEST: City Clerk Date of Publication: Effective Date: • (Strikeouts indicate matter to be deleted, underline indicates new matter.) 1 City Council Agenda Item No. 8b MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Special a'C' Subject: City Council Consideration Item - Planning Commission Application No. 2001- 010 Date: May 23, 2001 On the May 29, 2001 City Council Agenda is Planning Commission Application No. 2001 -010 submitted by Loucks Associates requesting Preliminary Plat approval to subdivide 5.6 acres of land at the northeast corner of 69th Avenue North and Brooklyn Boulevard into four lots. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2001 -010 and also an area map showing the location of the property under consideration, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their May 17, 2001 meeting and was recommended for approval. It is recommended that the City Council, following consideration of this matter, approve the application subject to the conditions recommended by the Planning Commission. Application Filed on 4 -26 -01 City Council Action Should Be Taken By 6 -25 -01 (60 Days) Planning Commission Information Sheet Application No. 2001 -010 Applicant: Louck's Associates Location: Northeast Corner of 69th Avenue North and Brooklyn Boulevard Request: Preliminary Plat The applicant, Loucks Associates on behalf of Christensen Corporation, is seeking preliminary plat approval to subdivide 5.6 acres of land at the northeast quadrant of 69 Avenue North and Brooklyn Boulevard into four lots for the purpose of constructing a four- building, 45,029 sq. ft., mixed use commercial/retail complex. The property under consideration is the subject of a Planned Unit Development rezoning and site and building plan approval under Planning Commission Application No. 2001 -009. It is bounded on the south by 69 Avenue; on the west by Brooklyn Boulevard; on the north by 70 Avenue; and on the east by a line lying 150 feet east of the June Avenue right of way between th and 69 th 70 Avenues. This property is currently made up of 13 parcels or portions of parcels zoned C -2 (Commerce), 12 parcels of portions of parcels zoned R -1 (One Family Residence) plus June Avenue right of way which has been vacated and lies between 69 and 70 Avenues. This land was formerly occupied by single homes and various commercial establishments that have all been acquired by the City over the past six to seven years. All of the structures, with the exception of the Duoos Brothers' American Legion Club facing 70 Avenue, have been removed. The Legion Club is to be vacated by May 28 and will be demolished shortly after that date. The current legal description of these properties is Lots 8 through 14, Block 1; Lots 1 through 5, 9 through 14, Part of Lots 6 through 8, and Part of Lot 15, Block 2; Lanes Brooklyn Center Addition. The proposed plat would create four separate lots to be known as Lots 1 through 4, of the RonSam Addition. Lot 1 is the proposed site for the BP Amoco convenience store /gas station/car wash and is proposed to be approximately 52,741 sq. ft. (1.21 acres). Lot 2 is the proposed site for the McDonald's convenience food restaurant and is proposed to be approximately 37,873 sq. ft. (.87 acres). Lot 3 is the proposed site for a 29,575 sq. ft. multi - tenant retail building and is proposed to be approximately 108,769 sq. ft. (2.50 acres). Lot 4 is the proposed site for a 7,000 sq. ft. retail building and is proposed to be approximately 45,743 sq. ft. (1.05 acres). All of the lots exceed the minimum requirements for lots in a C -2 (Commerce) underlying zoning district. Each lot abuts a public street and has direct access, or shared access, to that street. The plan comprehended under Planning Commission Application No. 2001 -009 contemplates cross access and cross parking over the entire development. Appropriate agreements acknowledging this fact will need to be developed and filed with the title to the properties. The City, for purposes of this proposed development, considers the site to be a single entity. As mentioned previously, the June Avenue right of way has been vacated with the City 5 -17 -01 Page 1 retaining a 60 ft. wide utility easement over that same area. Existing utilities such as sewer and water will be upgraded and continue to exist in that location. The final plat should show this 60 ft. wide utility easement. The City Engineer is reviewing the preliminary plat and will be making written comments which will be attached for the Commission's review. Copies of the preliminary plat have been forwarded to Hennepin County for their review because Brooklyn Boulevard is a county road. This plat is more than five acres in area and is subject to review by the Shingle Creek Watershed Management Commission. As mentioned in the previous report, no on site water detention is planned for this development as water will be sent to a regional facility located in the Palmer Lake basin area. The particulars of this plan are subject to the Watershed Commission review and approval. A public hearing has been scheduled for this preliminary plat and notice of the Planning Commission's consideration has been published in the Brooklyn Center Sun/Post. RF.COMMFNDATTnN This preliminary plat is dependent upon the approval of the Planned Unit Development under Planning Commission No. 2001 -009. If that application is not approved, this preliminary plat should also not be approved. All in all, we believe this preliminary plat is in order and approval . is recommended subject to at least the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. Approval of this preliminary plat is contingent upon approval of Planning Commission Application No. 2001 -009. 4. Appropriate cross access and cross parking agreements, as approved by the City Attorney, shall be developed and filed with the final plat. 5. The 60 ft. wide utility easement remaining after the vacation of June Avenue right of way shall be shown on the final plat. 6. The storm water detention plan proposed for the land comprehended under this preliminary plat shall be approved by the Shingle Creek Watershed Management Commission prior to final plat approval. 7. Building permits for construction of any of the buildings comprehended under Planning Commission Application No. 2001 -010 shall not be issued until the final plat has been approved by the City Council filed with Hennepin County. 5 -17 -01 Page 2 1. rXM KY GT. E 2 PERRY CT. W. 3 PERRY PL E - 4. BROOKLYN PL . 5. WINGARD PL - ---- -- 6. 0UA1L CiR. ' , F r. UMI B N ` , I 73.RO AV N j"'� W ; 1 1 1 1111 r v0 A /E q J Z R AVE W w RJ Z C P F z 1 AVE A 7 1S _.._ Planning Commission 7 N. Z Application No. 2001 -010 R SCHOOL n. 70TH AVE N 70TH N. ! WE PARK Q O N aq'na e�,r� N z� R TC : .' TEIy �~ MOUM o: lk J e _ Z CEME ES 3TFL AVE N p Z < Y PAS U. A . 67TH. AVE, IL 1 1� j mot- 66T�1. i 111 ` 1 I ! l I _ z _ 3 11 � � � ��II���• _" r � iii -� a � 1 65TH I �VE N . .. , r ARii xkt� • PARK t Z > — GARDEN < C17Y 71 SCHOOL R5 _ . 10 .0 CITY or _ _ '� ✓ - — - — - — - — - — - Brooklyn Center 9 M IXXXBOTA L- I =7 . . . . . . 1 � - d. :r \ ` l� `` � f,� �L A !COP t Lot 2' - � ------------ V LEGEND o. Lot 4 1 *45 -do .743 f. 11.0• A NN ASSOCIATES tw � \ �� coo,• �� P—Hminary P", Sheet 1 d I • City Council Agenda Item No. 8c MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning S ec'alist �WZJ. P Subject: City Council Consideration Item - Planning Commission Application No. 2001- 011 Date: May 23, 2001 On the May 29, 2001 City Council Agenda is Planning Commission Application No. 2001 -011 submitted by GPD Associates requesting Site and Building Plan approval and a Special Use Permit to construct a 3,142 sq. ft. combined Kentucky Fried Chicken and A & W restaurant along Brooklyn Boulevard, south of 55th Avenue North. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2001 -011 and also an area map showing the location of the property under consideration, various site and building plans for the proposed development, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their May 17, 2001 meeting and was recommended for approval. It is recommended that the City Council, following consideration of this matter, approve the application subject to the conditions recommended by the Planning Commission. Application Filed on 5 -3 -01 City Council Action Should Be Taken By 7 -2 -01 (60 Days) Planning Commission Information Sheet Application No. 2001 -011 Applicant: GPD Associates Location: East of Brooklyn Boulevard Between 55th Avenue North and T. H. 100 Request: Site and Building Plan/Special Use Permit The applicant, GPD Associates on behalf of Tricon Global Restaurants is seeking site and building plan approval and a special use permit to construct a 3,142 sq. ft. combined Kentucky Fried Chicken (KFC) and A & W restaurant on the lot to be created immediately north of the old Toys R Us building which is being converted to a K & G apparel store. The property in question is zoned C -2 (Commerce) and is being created through the plat submitted by Brooklyn 55, LLC under Planning Commission Application No. 2001 -004. This preliminary plat was approved by the City Council on March 26, 2001. The final plat, however, has yet to be approved but should be within the next few weeks. The size of the proposed site is to be .75 acres and is located between the K & G site and another lot north of this one which is being created for the development of a gasoline /convenience store. The property is on the east ® side of Brooklyn Boulevard, midway between 55 Avenue and the Trunk Highway 100 right of way. It is bounded on the west by Brooklyn Boulevard; on the north by the proposed gas station/convenience store site; on the northeast by the Firestone tire store (5445 Xerxes); and on the east and south by the K & G apparel store (5425 Xerxes). Convenience food restaurants such as this are special uses in the C -2 zoning district. A( CF,SI,R/PARKTN('T Access to this site is gained through a 40 ft. wide roadway easement leading from 55 Avenue North. The easement serves this site, the site to the north, as well as Firestone and the K & G property. Access can also be gained from Xerxes Avenue to the east over the K & G property. No access directly to Brooklyn Boulevard is proposed, nor would it be allowed. The building will be oriented to the south with a drive thru lane going in a counter clockwise fashion around the east, north and west sides of the building. The pick up window will be on the north, side of the building. The main parking area, including handicap parking, will be on the south with 21 parking spaces located in this area. Parking for this site is based on the restaurant parking formula which requires one space for every two seats and one space for every two employees at the maximum shift. There are 58 seats serving this combined restaurant and eight employees total. This requires 33 parking spaces. The plan calls for six additional spaces on the property, easterly of the access drive for a total of 27 spaces, six short of the minimum required by the ordinance. I have contacted John Johannson of Brooklyn 55, LLC and advised him of this • shortfall. He has agreed to shift the east property line approximately 18 ft. to provide the six 5 -17 -01 Page 1 additional parking spaces required. This would be accomplished with the final plat, however, the plans should be modified to reflect this change. The Engineering Department has expressed some concern about the circulation around the site. Turn templates show that the movement from the southbound access drive to the drive lane will be very tight. Also, they have expressed concern that the site layout may make it very difficult to get semi trailers into the K & G loading dock at the building to the south. Further review of these matters by the applicant is in order. GTR ADTNGT/DR ATNA C'TF/T TTTT TTTFg B -612 curb and gutter is shown to be provided around all driving and parking areas. The curb stops shown on the various plans should be eliminated. Drainage in the south parking lot is handled by two catch basins in the approximate center of the lot. A catch basin at the northeast corner of the site and one in the drive lane at the northwesterly part of the site collect drainage from the drive thru area. The sanitary sewer is located on the north side of the building and is to be connected to what they believe to be an existing sewer in the driveway easement area northeasterly of the building. Water is proposed to be connected to a water main in Brooklyn Boulevard and be connected to the south side of the building. The grading, drainage and utility plans are being reviewed by the City Engineer and any written comments will be provided to the Planning Commission. T.ANDSCAPTNGT The applicant has submitted a landscape plan in response to the landscape point system used to evaluate such plans. This .75 acre site requires 80 landscape points. The applicant's proposal is to retain as many as three existing shade trees on the site. They propose to meet the landscape requirements by providing three shade trees (Red Maple) and two coniferous trees (Colorado Spruce) along with an existing tree in the Brooklyn Boulevard greenstrip to the west of the building. The balance of the landscaping proposed for the site consists of eight ornamental trees (six Snow Drift Crabapple and two Ivory Silk Tree Lilac). The Snow Drift Crabapple are located in an island protector area south of the building while one of the Ivory Silk Tree Lilacs is located at the northwest corner of the building and the other along the east side of the building. Forty -five shrubs including Globe Blue Spruce, Green Mound Alpine Currant, Woodwords Globe Arborvitae, and Compact European Cranberry Bush serve as foundation plantings and island plantings. Hardwood mulch is proposed in these shrub planting areas. Underground irrigation is required in all landscaped areas to facilitate site maintenance. The total new plantings amount to 76.5 points. That plus credit for three existing trees allows the landscape plan to exceed the minimum points required. 5 -17 -01 Page 2 RT M .nTNC'T The building exterior is proposed to be stucco with a stucco accent band and E.I.F.S on tower type architectural features located on the west and south building elevations. Colored fabric awnings are proposed as well as a possible illuminated cupola. Accent colors include various shades of brown checkerboard treatment for the A & W wall as well as red and white accent and a picture of the "Colonel" on the KFC portion. These features will need to be reviewed further at the time of a sign permit to determine that the attention attracting devices are within the limitations for wall signs under the City's Sign Ordinance. The floor plan shows the common seating area and service area as well as the layout for restrooms kitchen and cooler space. As pointed out previously, there will be seating for 58 customers and there will be eight employees at the maxmimum shift. T .TC'THTTNC'T/TR AS 14 The applicant has submitted a lighting plan showing photometrics and the location of five 25ft. high freestanding light towers. The foot candles shown do not exceed the standards outlined within the City's Zoning Ordinance. The light standards should be shielded in such a way so as to concentrate illumination on the property. No glare should emanate from, or be visible beyond, the boundaries of the property. The plan shows the location of the trash enclosure to be easterly of the access drive. It will be an 8 in. scored concrete masonry unit painted to match the building material. The height of the structure is 6 ft. 8 in. and will contain a solid wooden opaque gate. SPEC`,TAL USE PERMIT STANDARDS The applicant has submitted a written explanation as to how they believe they meet the standards for special use permit contained in Section 35 -220 of the City Ordinances (attached). These standards for special use permits require that the proposed special use permit will promote and enhance the general public welfare and not be detrimental to or endanger the health and safety of the public; not be injurious to the use and enjoyment of other property in the immediate neighborhood, nor substantially diminish or impair property values; not impede the normal and orderly development of surrounding property; be designed so as to minimize traffic congestion on the public streets; and conform with the applicable regulations of the district in which it is located. Their letter notes that they believe they will fit into the surrounding uses of property both aesthetically and use wise and will not be detrimental to the health or safety of the general public. They believe their proposed use and development will not substantially diminish and impair 5 -17 -01 Page 3 property values within the neighborhood given the plan they have submitted. That their proposed use will rovide the community with 1 p ty an alternative quality restaurant which can be safely accessed by pedestrian and vehicular traffic. That their development will be constructed, arranged and operated so as not to interfere with the use and development of neighboring property. They state that their site design meets required building, parking and landscaping setbacks and will provide safe circulation of vehicles and pedestrians on site. And finally that they will conform with the applicable regulations of the district of which they are located. In general we would concur with their comments and believe that the proposal meets the standards for special use permits contained in the City's Zoning Ordinance, provided additional parking is added to the site as previously mentioned. A public hearing has been scheduled with respect to this special use permit and notices have been sent to surrounding property owners. RECOMMENT)ATTO We believe the plans are generally in order and approval is recommended subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of site improvements. 4. An outside trash disposal facilities or n Any p es and roof to 0 p ground mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. . 8. B -612 curb and gutter shall be provided around all parking and driving areas. 5 -17 -01 Page 4 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 10. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 11. The final plat dividing this property into three lots shall be approved by the City Council and filed with Hennepin County prior to the issuance of building permits. 12. The plans shall be modified prior to the issuance of building permits to eliminate the indicated concrete wheel stops and to provide six additional parking spaces to the east end of the site. 13. A special use permit is granted for the convenience food restaurant proposal as indicated in this application. Any expansion or alteration of the use not comprehended by the Zoning Ordinance shall require an amendment to this special use permit. 14. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be grounds for revocation. • 5 -17 -01 Page 5 Mill ■� ■. I ' II Z r_ wl d - Y� `4 H � 42 -'F- ��r 1 ���•,� • Vr�; IT � � ly`� GPD ASSOCIATES Engineers . Architects . Planners 98040.79 April 30, 2001 City of Brooklyn Center Planning Commission 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Proposed Kentucky Fried Chicken (KFC) /A &W Restaurant Lot 1, Block 1, Toys R Us Addition Brooklyn Boulevard (CR 152) and 55"' Avenue Dear Planning Commission: Tricon Global Restaurants is proposing to construct a new concept restaurant on Lot 1, Block 1, in the Toys R Us Addition. The restaurant combines the menus of KFC and A &W in one building. The building will consist of a gross floor area of approximately 2,806 square feet with the cooler /freezer making up approximately 346 additional square feet. The restaurant will have a drive -thru and will have in house dining facilities for 58 patrons. The towers on the building capture architectural elements from each individual concept. The site has been designed to accommodate 27 parking spaces plus an 8 car drive -thru stack along with an escape lane. The proposed landscaping exceeds 80 points, which is the required amount of landscaping. The trash containers will be completely enclosed by a structure matching the field color of the building. The front gates will be constructed of solid wood planks, painted to match the building. At this time we are seeking approval of the Site Plan, Landscape Plan, Exterior Elevations, and signage as submitted. Additionally, we are asking for approval of the.Special Use allowing drive -thru facilities. The proposed signage package, including a main pole sign along Brooklyn Blvd (CR 152), wall mounted signs as shown on the elevations, a directional sign adjacent to the main entrance drive, an exterior preview menu -board adjacent to the drive -thru lane, and a menu -board board adjacent to the drive -thru lane, has been included for approval as well. Please feel free to contact me directly at 330 - 572 -2275 with any questions or concerns. Very truly yours, GPD Associates Stanley Katanic 520 South Main Street. Suite 2531 . Akron, Ohio 44311 . 330 - 572 -2100 . Fax 330 - 572 -2101 . Web www.gpdco.com Glaus Pyle Schomer Burns and DeHaven, Inc Akron . Cleveland . Stow, Ohio. Indianapolis, Indiana G PD ASSOCIATES Engineers . Arrhitecis . Planners 98040.79 April 30, 2001 Standards for Special Use Permit for: Proposed Kentucky Fried Chicken (KFC) /A &W Restaurant Lot 1, Block 1, Toys R Us Addition Brooklyn Boulevard (CR 152) and 55 Avenue Section 35 -220 - Special Use Permits Per the City of Brooklyn Center Zoning Code a Special Use Permit shall be recommended or granted pursuant to Section 35 -220 if the applicant demonstrates by evidence that all requirements are met per this code section. KFC /A &W is requesting a Special Use • Permit for the drive -thru and believes it meets the requirements as outlined by the Code as follows: A. The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. This corridor facilitates many restaurant and commercial uses. Proposing similar use of the property, KFC /A &W will not adversely effect the adjacent properties. The property is located on Lot 1, Block 1, in the Toys R Us Addition. To the north of the subject site is a proposed Super America Gas Station, to the east is Firestone Tire, to the south is Toys R Us, and to the west is Brooklyn Boulevard (CR 152). KFC /A &W is very sensitive to the City of Brooklyn Center's concerns, and has designed the site ensuring general public health, safety, and general welfare. KFC /A &W is proposing landscaping to screen any noise /traffic. KFC /A &W is a perfect fit for this location similar to other restaurants along this corridor which all have been granted a Special Use Permit for drive - thrus. The building has been designed to fit the aesthetics of the area. KFC /A &W schedules trash pick -up frequently, eliminating lingering odors. KFC /A &W employees routinely scour the property to pick -up trash and debris on site. KFC /A &W is looking forward to providing a safe, healthful, aesthetically, and culturally pleasing restaurant development in this site. 520 South Main Street . Suite 2531 . Akron, Ohio 44311 -1010 330 -572 -2100. Fax 330 -572 -2101 . www.gpdco.com Glaus Pyle Schomer Burns and DeHaven, Inc. Akron. Parma Heights, Ohio. Indianapolis, Indiana B. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood. The proposed development will not result in the damage, loss, or destruction of anything historically, architecturally, naturally, culturally, or archaeologically significant or scenic. The property is currently a parking lot. This use will be replaced with an architecturally and aesthetically pleasing building. Therefore, the proposed use and development will not substantially diminish and impair property values within the neighborhood. C. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. The proposed use will provide the community with an alternative quality restaurant, which will feature a diverse menu. The proposed use and development will be able to be safely accessed by pedestrian and vehicular traffic, and is in a location to be adequately serviced by fire, police, and emergency vehicles, as well as refuse collectors and utility workers, if needed. D. Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. The proposed use and development will be constructed, arranged and operated so as not to dominate the immediate vicinity nor to interfere with the use and development of neighboring property in accordance with the applicable district regulations. The site design meets required building, parking, and landscaping setbacks and will provide for the complete and safe circulation of vehicles and pedestrians on -site. E. The special use shall, in all other respects, conform to the applicable regulations of the district in which is located KFC /A &W is proposing to construct at this location their new prototype building. The building will be a one -story structure accented with awnings. The proposed building is 2806 SF with a 346 SF freezer /cooler box, and provides 58 seats. The property is zoned as part of a PUD and the proposed KFC /A &W is a permitted use; the drive -thru requires a special use permit, the proposed development is consistent with zoning and the current development in the area, and will be developed in a responsible and professional manner. The proposed use will be in harmony with the general and specific purposes of the City of Brooklyn Center Zoning Code. ® 520 South Main Street. Suite 2531 . Akron, Ohio 44311 -1010 330 -572 -2100. Fax 330 -572 -2101 . www.gpdco.com Glans Pyle Schomer Bums and DeHaven, Inc. Akron. Parma Heights, Ohio . Indianapolis, Indiana Considerations: KFC /A &W believes they have supplied sufficient information supporting the City requirements for granting a Special Use Permit. The proposed use is a perfect fit for this site and has been designed and will be developed in a professional manner. As you review this submittal and consider granting KFC /A &W the Special Use Permit, please note that KFC /A &W will be a public benefit providing an alternative quality restaurant with a diverse menu; while at the same time meeting the City's standards for parking, setbacks, drive -thru stack, landscaping, lighting, etc. The proposed site is located within a contained strip along Brooklyn Boulevard (CR 152) with the same uses, and the development has been designed to include a building complimenting the adjacent structures, an abundance of landscaping, and a site design meeting the standards set forth by the City. 520 South Main Street. Suite 2531 . Akron, Ohio 44311 -1010 330 -572 -2100. Fax 330 -572 -2101. www.gpdco.com Glans Pyle Schomer Bums and DeHaven, Inc. Akron. Parma Heights, Ohio. Indianapolis, Indiana MEMORANDUM DATE: May 14, 2001 TO: Ron Warren, Planning and Zoning Specialist FROM: Todd Howard, City Engineer SUBJECT: Review A &W/KFC Site Development Plan The Engineering Department has reviewed the site plan dated March 11, 2001, for the proposed development. Comments are as follows: • The developer should be made aware that the parking island on the south side of the site will prohibit trucks from utilizing the existing Toys -R -Us loading dock via the access aisle. • The developer should verify that a 2" water service is adequate for domestic and fire protection. A 6 -inch service is available near the point of the proposed connection. • Hookup charges shall be in accordance with the 2001 Water and Sanitary Sewer connection charges of $3,000 and $1,500, respectively. • The proposed plan shows a connection to a sanitary sewer in the Access Aisle. The City records reviewed do not show a sanitary sewer main in this location. City records indicate sanitary sewer is available to the site from the west side of Brooklyn Boulevard or from Xerxes Avenue. An external grease trap will be required and a sanitary manhole will be required at the property line. • Sheet C4 — delete reference to frost line. • Sheet C4 — The City will charge for a water meter and will not perform the wet tap. • Sheet C2- The detail for the accessible ramp and the B6 -12 curb and gutter shall be modified to meet City standards. • As -built drawings will be required upon completion. - .77 - 7 - 1 7 - T ---- - ----- ------------ 93 o il IN x ry - -- 7—\ - `� 1 1 ` �� cs — — — — — — — — — — \ IM V vt f I I 1 I I I i 4 I1 � \ ,�� ' 11 �� ! ; ` � � ,,, ,,..� 1 .•� - .�� � " t! 1l�t�jjl�# `; , ; tip; `;.` • �1t ,.,,... .'. -::,` 1 , I kx t y N SITE PLAN NOTES f ,. ,wN1 w aNer4 R1r1NU:Nx M RNlewwl 4uu � N4eolNa m uNa i POINT COOOTE DATA "`°"� ""�' "° ""�`" • "`�"' N tr 1.Na M caaewYaA ,w Aew,ra No n,NOiNV NN.I.m NA rwa No R AMe0.m r elA r M reNN,NO IwoeNlNa WILL BE PROVIDED , Iu AN 44a e< r°r°r m M acmbw R .n nas nN c rEO cae r rN M N PRIOR TO CONSTRUCTION IECOM1xGA0�0 =Ei NIRIII TfA[M /11[ A.IMf OI M MWM fM6iNCINM NPAItNR MO TINA rN04aNC[ 1aLLaf almNWLT IIOIfD 011a1NNE aM M NINE. 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Yf IOM arl[LaD InnY TQIN D a. x taY 9Mi x Df Z � � o � aran wMS rV r xr.vo s a 9.w . a.e4 mlim 1 rlao ppr s ir •11 G kl / ya.•fy raA Daa� 410 i Mrb{ ]. TMO €� � ♦ � sno•'w 9rw �o arw u era auauo+�ip��i9 � 'IaM sI.Y1 Ioa9e. x Mar Awaa Iolw ewusas Tn a1 �� U `� � t1n m1 a aa9Y. p¢ 901 nM.usa a rn�1' NN 1W Y Z FaNm. IrII1a r..1. a0 p snn� wiFw 3 6imfl -- - soxln. Ai4 4p19 MI4 „asa ann Aar.na Nan WYYmY�� rowis9. rw. reu..raw au N aa.m wY mnl�dv. . �`� 1 lam Ar1pw raawi Maw. .n exrwarm. Fpwwa '[ �� rDM.a ar N OL911M p M tpY aiMl M xraM p / pJY. OlWlla. AIWYpdwll ImUO al'/ .na>r+oa lesal w ♦ ` ax 1. OrriOY. orinw a1 ra. fW1aLr loWIrDO INSew Y - roewo rm smwm m saw rw.m9 w awe ris. sx9 iMw 'Iau W au 9ainu 1 Ixa AM .wa �� serwa a.n salty role saw aws ur w .a. tr w.Ix aama. 1 Ta. sW .u.mt .. AIw awu T Yn�� K I-i1 A.4w ty. - /.e s1 -n -a x elrolin eolwwp. aw ®. �fa'1 vw o-c w.Y1 art r .pu I rarnaa low E o. f 1p° x aN4 •ae . A.4•AII - m ,axp if �: f K axn rwa Ie EE r aw° vn'w•m°d Intl K aro � m Isnaw - I en1. iw Iolvua s.0 aae saw aFxn - � � axarnurn: a.Im aww.rm . �:�� y /pD•� mIIW't 9! llS a1010dM1 Taaw. MW '1mOW mlllal ��: �,� ,F+ ' n :� 3P1w. A•IwVN rMawA m' .an. tan aLL we k f i, �i aw mowme D�ima wp�i awm �m ..::'�:. • T. TYaI W faa 91 Ye/ avuM 1 1MR aw. pJp ,� � J w r .waYm oxv ar.mR Fiwaaal LIPa 1 wa vm as w duty w M tg a mmiw Y } ' a nw aoe wliww wwrmawn aw wea.. iw' ia'4i Px 7.MVIa IlxalOar4r l0i A3N.01JawdlJXwi r>�M' a1rr •• ' E�1I ^M •pyaM aan0 rTae >v N eLOYw M F1w AWO✓ l.euaf xwnM�wx o.� � awa'murvnoa iw D lIe w T.1'pM seN Is rlwa awarW IxrMa pa T il! i +.4t o,.',.aner. �w •awme npsw+ wa r d Y+.H. FY1r e au q r+wew. F.0 rw�a ro�a ewaws a a av ssau. m anawon+ rwawwo �a ai kna .r- l ]x1 f i 'a.a..wx iau nn am aaurwlaw 7p r as M mluav�a rms w b mic�.f a v ff-T FOR - RMN3A3Hd 1 V4 NUI S N NFRAI UTl TTY NOTES i. G' M ,ocARNr ar w NlaKYi9 IACmn sKN, eY K cull AK � ` /�� °Y Cw1N 1Oy °NN ° rYU , Kwnous nm 'i ® ,aim mw m�ra�+�x u r�wY m c eanTNL'caa nN ow.YC � n A,r 9@q m RRSL EKlll[9 CKSfO M M RGIIR f09CL L to fnT 9ai rtM IRIrtY DRri � ' r � y/y y yy{ � / /�� ` � j WATER NOTES 0 70 L song W,osvS NYLL K WR[R,R[�. W[iU, NWl K 10 40 K a lY9rt /9osnn! 9lluno, N o nu + R'r � . ` 1 ` Nd07 MAL L M mN1lAC,aR'i NrE I9l lIY1ER SFA1rE 9WL NCIm[ NL IKS AK '� STALE N FEET ` OVArt1llOIL lcYe ,1LNNr . (ill) Na -SLll. , . L x mMIRWICL rLL r A[SPoYKI[ ICR aI. lso,Ylla. K»!S. Ir(, I,IY,aL AIr nsmu9m .. y-' K Yq[A eoll%C UK n1eR x [rala¢ r lung Ya, m x lulona x an ..�, ' tNn9I Nns� a �. � � Ko9M1lx ux�im ,NK a°a,N9n Int r1slnNl Y[K a ,uia w. ` r� �°'• � ,v dN , w ♦ x coYrc,aR aal K AtrYNaNL M AWlra olYrm Nar • rArsRal q A ApW a +( °AI •w ; > tsYY.er Nll,l( K n,o x r W,m 1,r4 c d r FI FrTRIGAL NOTES �'z1 ` , , _I V , L �� � ,. NM1 »N vxvK ia3 YN,r NNUK KNSMY Mb !N[f Lf., Fa ��� � r • -• •: [{�( f" I � / L Ill NNLI,OIYL AiNE[ FNNO SNOL K ,10. 1! NR N IK �NKTNFIM V/ Na ammo lo, Lal1N9 NKN rwL K Aa ,s ANL N s/1 ! / / w LC6 N�um NwL lnwef ux Nami IwNNNO, wo +nwsmu[w Mo r �/` .9»AU \ / / Nsl aa9r Nwl 939LT Nrr rauN 9YNL[ 9allaxo NL ur vnuo,I Am � �,� E r are -, L , \ K2 noYwMlowm ro ewwe. NdN,Naia°NHU E 0►0 � 1 4 \ tta awcY wL mlrtn ucnmYir ssAxY: c ,wnrwiaL mwRrc,a r x 1 � NYlIOA ^ �� ! LWL NWIOL /LL Nri NNSL S�aMml11d10E ACOWI[R ��"'� -,Pu moKlKiAU .mR WR Nxi. [YO10L ROSRf mWt9 • V A l \ , V ��El, • , V� J ' S j � I E»sr'M1 - ,A4 N was' » v. d � E � \ � CANITARY CEWER NOl S \ L N��tlhy KAL NMar At lalsl,l rWLKA,MMN> ���� iY • m]K NNN , � INA MNI M19NL t 0 �� - `\ n� is ,�xi wl+ ort q mm�ro. N�wL R 7:C7! \ P V w� 0000 �....� (� >wW KMw"N . R LL K uisr Noi,. \ , �• ` K M TROY NaNK m aNA9C , ` FII KLK ,' �� y � ,, r L o[M -m6 m K NNNIm LT ML RE M]W K Mal9. YNLM A \ • '.,. 9M+ � V. m 111,laL. NNCATm. x WIN.CIOR EWE /NI Ml,Ilibm4 9N�91. NR NSTMUII011. ANS ML I r. p ° 6.19W M mN r, W W xaRMO F+I>) L wL LaN wN mr v a i Cali .LCw9�R m IaY w a`N I�`".ur s .u+, \ KA'9M0. C01111AC,011 M YlrlltAl llrNA1M1Y. LEGEND a-- L YrNR a KYSN•,K,r m .Nr wRrARr WN m aK »r,m.n IwYY. NKY �� L 9-1s rN olNm na m AYT NSiAYASYL NATURAL GAC NOTES ` L � WM1 SWLL K A[NOIM[ roll plR1N0 AY9 gIN,MI KKK L ` V • "F,• J NM.MSa 06* WNM 1Rm L � NWl K II@m9Nl /dl K/1.101C NR WufO NLf IS A TELEPHO N K llo�L-N -IM% a NE NOTES stg, L x rLACTm tINL rAauK . r .a stre. « NA:r wal riluuc Thal srnre W �� f1 � Y EE tNrllo WYl 9aR 19GT9N Nltlrm K Nrlr LNKNGaW A.mo aoaalN 9anvAK. t9orollAa m ^"i �E 0»,w tart r9,E tolYCL wN arm mr»r mw . K.- sn -aar. „'� -c -- rANnr lrraROiriae Im ,lr 9-11 • 3, I " - •�Y -- EsI,M lM0aa1M fNY saa ISF L mIR1ACMR m I/dl1AT[ MC IIaE »R.9 m /KaNL g Z __ 1r �_ oN w NCa wow .K WN STORM SEWFR NOTES n --- -SAN -- m,lN raNnaRN 9wnAa KLa LAY. snsN Ka„ I.! NYIr. K r a ,r r1% r.l K lm Arn a soN Nr9 la a qK • } }} � Z -CA$�� Y,s1M rapNKlY W n[ sD33111[ rs. x NNMIL l sYR fNNL K iL WN EOINn POLIEMIIas IK CNrtoWC m � � • � J .�..,�ss'` 911»WY rSOEIItm.y LW L x taRilAC1oR swu K Rrsrna[ nr Au TAmRM 9AWLL Ne 3f Alm ��yVA6 y �NSN�m.I� »s}a9- srvx�' LaK NM x N» VV rlmunl mK rlK Nsq„a,c TT X 33 1„ +'� l/A �L [ % / / / /// 11N,lr Sala. L Au 4 9Arr u aNrRlN,m q frK a ea elAVn a ®.v L � NG Cli IK 0L1M. V / Y�,L .fi • M1 5 E,`(F. a YNN m NrtAU o V. W C N NNSMRM $A Va KTK Al p °tll, X 6yS��, ® ornle n9mort LYUr�Ar Au 1,N.asm cIK C . rrNx A1rla1 ANA q lirt1L p. L mxllAemt m vuY x Ns ,9°ual NO NNTT v bosN4 sNa p, aTFl1 Pall m wY YNSnaR:mL x nIYAxN nma rur r al9K oR TIK 9RASllrt. LRYIMCmt sMNA YmIY W91@ M61AA% Q, } t n 7R0109FD ran, UWE ! I� `►R ( f M a , cx awl A `; ¢ •, 99aram lW r 91R,m Ca (sj.els.e9 s 11 NY. I II, YIEJ -047J1 - �gOpgyp� W. 1r (ff) -94Ln 4/11/01 ; , — N .KKIm YNONK ».Ya 1K A .ROraaw rant nLa� A _ G KA601100 -A- \\ � � /�' \ � i —wt— .Krum Yrar+Nr l.NNa KLm ON 1�1' �99a'� 4 Nv. 1r Waso.s \ nammn mY as —w— rlor9r. YeeNINA+,w ,.r E x 02 ,� — IAarevN lArolaNlr ,Naar. ,!c Ra.0S..03 3 Ra 991.19 Ez. rrv. ,_' (M -8.639 9At iZ' (s) - eso.n 1x' arT Ex. W. (` -9.9.39 98040.0. 79 4a M W. /r (Q - 9.9.30 m» tuna .Dane loupBN \ \ `, ` \ as o rRNaw UoArl/a,R 2 wY- esi.eo•M a_�N C 4 Y[SWt3 XRNrt; YY s31m aa°on Tall rKL r -,lN EX W. tr (M- 619.99 Y� AWl• tl,- .Sl -aooi , \ \ � - ^ ` \ .r• E7L W 0N. it (S)- 919.99 A � 'aLir aln� wYYI[ A[ a Ga1.10 � Wp JOnM IIOM 1 iM RWM rL0 :� TNnLI � PInN TIrL N aAII a , MIIIn.O L01pL • � clan La f WL R 4� TIN IM1b LW � utl . � AOMIA ANO LR IQIICIL b4.L :[ r . � AM ll[ A 1 111141 ' wlr,m .�; 1•MarLp � .. p ' , � L LWL L[Rawna aAr eaYruq P [ ° `A WlA1 Y0 AL "' AL`:' -� ka+•n..e...y. . r ♦-r tp Lace[ MLIa Ida Ow J 01 la..:h4cAp w x jC+ ZN . �w m un ► t ' i �,. -alwuu sent hl` ° Al w .. � � a n�Y1°ei � a _ - ranwlL mneYKSa+exr Laa �'` � -Lwlw sar_wr Lc nc -u[r .��1 i - ` � T na n a xn n aATa nm>Ee • 1 j".. �:aF^ �`.' /pafYal[ tOMAana .OYf • A P « YW[0 A PIW fi r--, 1 f :' • x �• %01104 Or D[ IIL K V-�� ` • • �p„a 8Y YAY R IIIL -WI Lrcllex Il a �--aaa ]tar - WIr1a1a •L— j1//{/......... / a WIMRr Axu M wall IrC aALa •.• LaaclL r •� num a m: n r1Y K r I M[GST a LOr10Y'"'� A aAA Mla WLI tY N m lr , 1 _ F_ = K w SOTIDN A -A Maa rAVwaq TYPICAL TAP SERVICE CATCH BASIN KTS 126 _ PIPING CONNECTION DETAIL KT1 TRENCH DETAIL KTA ` Hades nL.Y -art w O N LM t O1 9 Late, rAO 2.� 1� r — m — _U! awaa[ m w [Le rn. eocur j ` i� 1 CLEAN -OUT DETAIL KLL LLAYa RA®u LLNRaer anaralss �'' aeLVAS Lms s Aoiol Af Y®A /� LLL rAraAlr INAK ssnol • / Ia 4WOR0 rAgYaT aatlOrA _ <r1�iLelq�il RA�OL]A1�Ia ' �£�' .�Lb, A a Ile al aaYa RATO Yj.... W RMI a Y K r L PI�MRADD � ,� pal �,a aaigM L iT � y G � :ona a K r+L ao '• Ir raa,L�aa � � a� 11Lr YlQ MWOM , STORM & SANITARY SEWER BEDDING DETAIL K*s UNDERDRAIN DETAIL K *•x • b YQ 0rAe0R R01LLLpR LOR A /[ faLIMY L1L4GLR[ fa M1A aLl[ WY aMLYCLIN al {{IIf11. i f OaS0�a1 /i IUpIO A i � i /� [] Lao1LLm Rra ILK ��� 1 / Ltt pRpHL2 L]. � lOOtlf t rarLCrawaLLSaLLL f ../�%��`� 4/11/01 Wm amt LOIR LLIR tl rW01ee !La 11aM Nr wAYn M 4+r�La mnari n KA601100 a w LYtLr arxLau Yrmielr Ya olnL[M LlarLL A K M a LYLLawo p __rte ,_ • LOOT OAl A O ]IO lA K LYLar wLaa cansM %.� Lwnpn 02/01 /00 • Ilo WrACr 11[ IOgM O 1' IQL 1 . tapRa:r t' Klr a Mpa1R Lm a an us wua LR rLaes<0 n Wm1 98040.79 S. bbY. 1• M O A9 tR WALLI Saw[ C01[ROSa f[0 wRa s 12spR LOO Na trt Y0! Y G1R C4.1 I WATER & SEWER TRENCH SEPARATOR was N DEMOLITION NOTES L Cma1l�Cll felUfm M rCLLNxm xICM M PPM • if A Cf11a11UN Nm CflIWw d fflR YPpwaapll 1 1 �'-_ / L �SW�MICrML HIfW K R1fN4 MXI KM>NC 1 1 1 o m a K�P'I: wro.[ M1e uwlr mrW[ Cr K..f IMR. MYK .' �• 1 1,1 Naa m m R KI t lam fLLKam w m frWK ,_ sttlm a oru aNwa ooR.eo:nAxmrvNKwNn 'c�"°rM . �, 1 to w mcfxell. KW Lo• R N ?CKa m H sNfala nmxcrm �•;,,, SC.�LLE MET N)mwID aeorw mum a MX ¢wXn re T t „ � ♦ wllfx•L.rw f1 aOM KW mw •ClydKf NM M �• `, ` 1 1 ` / \ � �NM1OK MO Ow10 WFS 1U0 fM1 rCMI'f. � pttYW f1alXlltC O K11011110II IIO xCYWK aaN. VIII 1 1 i {{ R wxa Nx NXrmrff, CPNIC. Xlx mxlflinrw s may r >mlKm. i 1 e ' m�mi > m ac tO N e1 c�iwrx � + I ; w NCNaf w fA<f: fwarm xfx, w NXaNaf Cx-fK ru xN ' �' +'t \ 1 \ �` a warl :wllwm .aNw fa. IraerXas an -m max t'!. ,• 1 ` ` �mnx stww elan m IKxaas XK xot aaMrm fx- \ ih'• ^+( �� ' $1 I J + 1 1 � p. to � i 1°° ' T mr.Kri a.s � _...nFE � \ L wrrxll wsnlo unmcs Noum m KaIN N mxc[ ne pL F�tL °'_ I oo NmN N " N ' ° unma so°°�wlwmew aarn°i'°"aw- e \ � Ir-- ', .... .•., i w° .w�maaro w.w x,�nlm�NUa ix "a""MOnc n ` 11: 9.53 \ I { ' S d w w vaH�lX IaK RiX caxnnm xm x N nXn" µ0 i. i t 1 E \� w mxNU m N CC ammR ao R ML euK m rWac . 1 awa .lo anaa \ 00 mexa xaaa. 1 d txlafXr loon \ � E \ ammo / - xo uxa 7 ''�.� xr ocamm N ��� a xa wax w amfuw NXRx, f xxa w axm 1 1 :•3:::::: ei ::!:::'::::: ,'ii::•. Xuwcur ocwsas w om w aww,m K t ................ .... ............................... Amuxo wasm w wsWnlW ............ MR / xmKxf K faxMRK KrlMliaw 1 : - ::i')•:c::; ;: c ii ;.... ... ; yigg r i.4ni;. aa,N" N w an eroua f.K xw, W .xa w. NxN, W .mNf N. :`:F`'rrc:•ihi;;!;::. :T.•:i'........... l'� oxuYC m roaealr aaaxW wlo naoKf m xwra omrx f sac�t xK Koaxm A aaa NO/w rn A ff xOif11Fi11f MO MPIIIIIOwKm W �xOxCr mslxo fx[ .................. i � \ .:::. #: ^::•:::':::::::•:^ ::::::�:::::•:: .'::�::•::':•:::::i•:::� '::::•::::: �::: •::' :: •. : In f4 bsfOHd Ix[ d Of IKKi ML Ntlf K lOKlim. p •:: •... `.i.Y.:. ( IL KWR xCl txNalwt s GINCS N wo aw A 1 L 9K f4 rlwflrr :•i:•isit•;ist': is isi ::niiii:' /.(:;Fr;�Fdtifi:•:.' :•:. artnrt wum t yall 1 V 3 s'e C flllatWM flxr frrt. 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IWUa x+xoa IK � � ::::r.:i;;:: {::;.:::.,r:•i:•i: i'iiiFi}'.i .i:..vc... , mrx <ais; } :il:ia:.;.`� t �- /w rnuNOe wa Xma�w.o n �cr�N�.a i - LEGEN 4 rH:wxls wxl a w mugs urnmw m aus.cNxs wX rn lora now m NMI E — ....................... f xuax. aXnrocmf 4aLL ZZ _ fWl t Y=' un uw. cwnuelw swa owner uimal m mlM CRRK rfL /la®Ir.p. �i lCClmr Ill[ awtl6 m .1aYtM r/allal fWN rXantr yy tt a tXluaol �ii'1•: ^:i�iii "iiiii: i3i::Ji :v4 :� :•. ...... ...: : ....::::.::. ............ . • :319ii ?ii�-Siiiiii'ii. �i ?ib� { °i:Eiii; � Nwrxw a M aNnoelwf mat. .._ �.:..:... :.....• --p cola r w trf wlxa ar oouxw E ....'F..i:i: ::: r.aanr oareN > foranlas x.xxxa R XCr mIIIK wffl m K11N1 CmaxilD Kala4f m XfGMXHIf 1 :'::•:.::}: :•:: �:• ii: i: isii:{ ii .::::::' ?::r:.:::::::::i:'. ° ... �..f '�1 OF ` mlw nl®m K+N ra NMIw W xN fIXN mums RYNas O :•: ::1;.:.::i'::- i:i:':.v::::::� {. _'�: :•::'.:.:::::::'::•. �. �: ::::.:•::i:•:::�'.:::'::::::... * \ 1 - S 0 rw mswwf nK m muxml aw owot ��aa o .� �:'•t':i.: �:::::::::'':: �'.'::: ::'::::•:: :::•::'::.�:.::�:::�: �: ::�. � :::':::'-• ... 1 \ �� OWK iw m IOYW � q ¢� : �:: �:^::::: :::•: :#i::•:'ii::•ii:: ^ :::'::•: :- :i':::'::'•::�'::::::.i �::... ` I J/ tC. lf6fY .Km �O.Ymrt m fR fKL pY.•Ix mm K ML lf6 . � #::':�: :::'::::::#:':�::iv' p �.�• ••• • N fOrNf INIOI xlK m KwY : :': •a:::::: - ::........._..... 12�' / 11 msw mw rw m Nrw LLJ :•ii:•:�!!:iE;:•iii::i(:i:: � ` \ ` .yE mwa uxr rscm Kwl 9= :. S ,pl — a -- mlrx Ixmwowo ra+oa trx apeC rr�s i ginr N ' •w " a •,c• � i ....:.::! " .. \ \Y r ,� •1t \l �,yF -w - -- �Nx IKalaauw alaN Rm. mrt ,•.m• M1"'�aW °Ad •.na ° "�"r`m`X.'. w e [S y , :':::::::': -:::: •:' \\ 0 7�A s oFt• oiflw wsKr W xaxN :�a• w Y ax am. r WeNC; p Air. nr 1 at .6cH +' ` ;, .'t? . ' c??:, - :� {•,'S OwM NNML! W R dA0 z Wo omwsmm R ffmas [ 4/11/01 111 ; �'�\; u.lfc aw m KlWIaYW a KA60 100 \ 1 _ / I 1 �a a I: . ; OmIM wXPCIIt m K xBalO nox1C( mK Nrt M dOIM 11am WK m K CN9Ka 02/01 /00 \ 1 �. Iswx usr ran m R mane 98040.79 m i m uoou xuwls�w�i+l , , /� \ 1 C5 ircixo wu ma- ua -orof mwoznwna ml- tat -uef { ���` . L - PLANTING SPECIFICATIONS L SCOPE OF WON PMOFARA� -1 tk� - ANII DRAINAGE, ME M MIT W SOL CoNommm MANY VAIEFOALS a A. A l ft "I "RE FM DISEASE RDRCm C. VAIMEM M 2XI OF "TS SIAL ME All IIHOWN ON DINVINGIL SCALE IN FEET "-�- = a w w UZ W .-I PLAN. IN W IN AND & YCPSOL FERMIZER AND SOL CONOMOMERS A, All, a. --=.=K A .. w X=Z= T' T. 1 7=j - f M.. "WIN, JV./4 CAL TREE ZMM. SA A. -NA f o%volm 10 1 AIR AIM 0 IN Al AND K 110-ft W� 0 N. Nal -NIAN.-I. . M.. �. . - iwDIow,I� A A �TAV. 16 smamn I Fm K 'L IRRIGATION S, "Sums S- K W� 2 Z_ BUXIL r C.-A -4 IN, KA-WO AS PER EAST. r CAL TRUE T Am- S. GENERAL WORK PROCEDUR13 it. FIMVSH GRADIND OS To imm A. L-t-- A. A IT' AIIIL F.' 0//Hh 25 w 10 13L 10 REMAIN NAROWDOD Q LEGEND 112. GUARANTEE II % - - -m- A. 13 sItp, - PIAMIVIXNRITANV� I& CLEAN-W 000 3 14 --Rea- 0 0-0 lo -m AIX I A, X - Eil PLANT LIST '11, SWOM S." R.Wkiii k- C- N- m M. cwiti. RN,� 3 2 11r BAR -uhd I-L AND I-= a A, V-IlYM .4-NII W 2 lfi!� PEAT FQT ...W Me PER Mr K IN -lA 0, DK-IPW6 cqwpKI-'0aI#dI-IP? Cd� PwWmI H* G- 45 J2 CORE. X.A 4/11/01 D.Yft Me 02 CORE, Is" V. C,~. 6 13/4 eke .Idd KA60i'100 mw-"- V.P-i n_ 01- ts 02 CDNT. c q. 700.5PIA.-Is pla py rk.- F-g- Ub .. M� III. sp- 7 Is' me -lldd 20apt-12 I. po Pk- F-9- M-, C.W." so- C - 2 VO B" -ldd ME 02/01/00 1500.5pt-7.5 PtL o. Ra- .1pii- U.-d Alpk. -t Is wr MY. 30' 2111.5pt-, I'm Sr S" WkAM. 1-1 SW SO I- U- 2 1 l/r 948 ...... .3pt-110 Pt. T. TWIN .Mtft lllb CO. Arb..N- 20 ae a" X./. 98040.79 TOTAL PTL - ".5 MV PLANT MATEMIAQ U M" L 1 THRIDE rST. CA IN 2V REMAIN F 11= PM FCR LANDSCAPING Lda. Wa M � r . r Luiu11 a Lvn rM ,xrt w ° "" N i / r' � MW[LtlLWIa MC MOIIILI N191 d1 [� �^�YfMTOlLOS MMW IWRMa 4W NSTNUWN ��[ lgt -1 'y Iw4R MMd t.� L010 r MIIdU wraw Nixala �---�" •, usrn tua aricq � u waeol . mu LNx nw.o MN.. N Ip R YIL nwr Na � IbonA1 �:.� J4 fi TREE PLANTING FE STAKING emu No s eLlr_ Im m wa<c 1 � 9 fMM LON W K .UIOIO � ' n rue. m Mane mml M p b 'I - - ' Ir LWO Wm Lw0111 ,ulna . MWa�14 �� umnao m PARKI LO I LSI-_AND BACKEILL SHRUB PJ ANTING Cl 3 lo, m avaa W>i ro srxc uj '.1 v w:ave uar c c� �+ � a.a Gil al y p IX �� Nh v..auxr ay.r 6 z p Z\ a 0 0 0 o _ 4/11/01 KA601100 02/01/00 98040.79 L1 .1 o� 'M -4 11r TELL 1r -Ir r-f ti r-0 . Ir-O Itr vr t F.M. 3 As c AM IMS70LO 4p.q. AS _ 4, 3 3 w-x fIr 0-2 , ie r t LO GO z I I r \ 1 1 , G) 43 C aw I- I 1� 4 N. pw (o) 3 -ME 4 M AMB 3 4 2 AILS 3 2-31V le 11fir .3 (D 4 2 US [AS. t I STS 0 Sc I \ / ' • E i l - ------ - -- ------- ® F ,, EMUVM Vvl NESTANDOM PLAN AS, r M. -1 1 - 7� W W-L Tyr 3r-lo 11r r-r 10 ty-r KK As I> Ct: FLOOR PLAN SCALE: 1 /4"=V-O WALL LEGEND FLOOR PLAN NOTES KEYNOTES nwx M" INTEL. O NA M ORS CD %tmAm mmmr. SIM MAU MOCAM ON SIM 01.1 AM CID Alm so* - Pon TO mi 00) 2m; woom, Slum; ols' , w 'I 11r almot 1. ALI, MORMONS ARE to FACE Or snm� K)"U'VIL (101. OTMENSIOR SUNWS AT M,/, ME " ON vim 01. wiviij; +4r� ST, ANK, Clum FOLI PLYWOOD (Er 1) scumm AND 0-11 OUTSIDE CDRNUtS. BITCH AT FACE Or SLAB/SHEATIANQ TOM TO NDMION um catmaw ; Lmu (ED KATE - TO PLED" TIE NOTED) wi n- FOR FACE OF CONCAM DAMEMAM . (n om FACED FO Mn MUNN (UJOXJ PLANT SEE M ITT m AND comm wma REM " m NO LOCAL M I XO. "w 2. SEE 1151.1. aD J-C.MWMENf SINS - RUER ;;L:r LTEL To I FACE OF MU" PLYWOOD ILLIST WIT" EM Of SUS ESSEX SATE - SCE DETAIL 9/111.11. CIM 2 DC. (US OR Sri MITE 111CIN LMW OF DIMENSIONS FROM BACK OF INALDING. PFAU 11F VOTE VER" 4 PVC CHASE IN 2A SIUD WALL PREP - AMS 10 PIL ONTO ,ENE ". ftvuLnw.LS M MFI1 AND LOCAL. AGENIXI zs INIENTOR SM� PRIED WALL (ID =AY AT M D W. CD STES, — mm .0420.41" M�:JAM= S of" Nov. AND LOCAL 1AWWWWWWWWWWWWW"I MT& W/ 3-llr L CONSTRICTION ADHIESTMAL TO D"" AGENCIES. AT =%KMMW I SEE SHE SS WALL FINTAND SAM PON ADOffMK FIAMMID OM�M Dom Nati. onoo mm uym rmt t" w mals, *a CA rim S &MOORE To umm loam IT EDON, � Sm It" cz) ,� w. mrim= - PAID VAX" nEAKMI ------- PLYWOOD SAJOSTRAM. 4. SEE SIRUCTUR& FOR M SV WALL LOCATION. mm m A, M.1 4/2 = 5 1 4/0 jg "X= oN Kl X L P= t- SUB. M� WIDE 1 0 RL SWEETS KWM WALL WTN)W PLYWOOD lIr DOESEE TREAT 0 PU LE ON SASSEE SIT 0 INTENTION a) "S M D"W" a "A"T M WA WAIT $DOE M lane nrt mwcymuB WHO#$/MM 0 AM FACE OF LOS WALL NOW SMWMW WD" (2) CA M (STATE • U'LEQ Of WALL FEW PURIAME 111-MID MASS KA6000A PIT CA IVIL SIM LATIN %Altr" BONN MO 1. SEE SHT. AM 'OWN TTW (0 'COM SCHEDULE (()- o n-4 u CA. STAINLESS SIM PANELCAMNEW PANEL. E. ME DOW A LANINA, OPENING DaDMOS ARE TO ACTIGH OPENING. OLICHOM VAN SWM BUM WITTER TO IMECTICAL WAMM 4:N> REACTEATTLE "ALM a am Com w/cONSDAICCrom mtwc PAMM To cam DOW gj=X%,?g=Jr AFF FOR "M REM WALL BRAN HODIT, UIVENO PAST END Or HOODS A FINISH RKWM71ES morum WON CENTIMES MATTER 02/01/00 Mm "E" EST LOCAL 1. ALL IWEROR W"LLS SMMLL NXIME " ALL " CEft S WC " WALL " M 12 (ID MW USED SEA= FONT ALL wa� SITU ta DNS PONT M A SECINATINTS PREFABRICATED STU FMWM awr UAX `15E MOSM NESSW To EAT-out (AIDE FACE or ElmOmmot EASE. 5=4 98040.79 MWEET or ST SEE SCOPE L - %rAv gwm , NP R , NOWED " (m . RAIL RING % awnlem. poft = USED M 0 V = TO FW OCCS SPACES PROMME INSUIPUMBA TEES. mEAWD so" 0 V-9 SEE sw a - TOM W :Z D PNA SF NOTM 3. ALL JONES. WES"Wiffil"AM ATM (M WE FILL 11311 LOCATION U M = M ASI S ARM) "' m ml =nM om "W"' Am S. S l "If M.1 FDA ACT AN MASHES PENN, INS SALE SON PX CTIASES (2.4 FLITY 5 AT 16' O. "'W" WARN LA 5. ALL BACK OF „OUSE SAES AD WE AN CIPOSUME I PLYWOOD "M ® ENSM CANNIENTM "m umm Sma umm. =1A;rAf I. Kaict mmom To POSTS. OETTI-a xvATNWA;f PL ANDA W +41r ArX. (H LIEU OF PIYVIL) Al SITE PLATE mm SANTA CUM. AM 10 PLIANNIC MWM& SEE SNEM LIE I" ST. 1. SEE SHEETS 01.01.1 A M.2 FDA STATIONS PLANE ANN MASS. KATY IL0. HEOLAREMENTS WON MIL AND LOCAL AGENCIES PRm tr Hm NEED hArroft SEE ma TOM N2) .p ----- -- - - - - CDnmx W UQ'INKS ft cimmmum: NX 0 J "t DOW" CDM70 I KIAIUWODWlOLJDNM(DF} --- ------- ITTT EL.IB* I I eft. ED. m 1. S, ------------ or WASSON L OF SO'n, -4 7. OUT-E AND Sm t— END WALL TO BE RiNf— FOR 4 NOUISTEV, arclAKC 7. A7 A7 e 17 f<Eo 7 INEIM 0 it2l 4 ----- --- --- A RIGHT SIDE ELEVATION GENERAL NOTES MWONT WE vt ........... Krc �� mrlcnl — LAIN MIS —,— —Y) 1. SEE MT. A1.1 •ISNAXDW rfflV IN WINDOW ELEVATIONS, n AS ZU= QF)(ljD E 1. =0 KmNVS M NOT WE ACCIP UNDER AIRY �ANCM 161 14AYI - fbF ---------- � MEMAND 2.r WILL BE REJECTED, I ALL FASTENEKS MUR .L RE M�M . 1$1 A. SIODn rwsH SMALL RE *sAmDS smai romor As spiallp By iNE snxw ESP 7T NAAAWACTURtR5 ASSOMTKIL, MAN JIPPIJED AILWINAM' I mEN a.,, & 7".. SIONX) MER 3.. Ull./M Y& SALE Fif� INSTAL LATIL B. Assmm _Q0 ? 7. ­AFS NO, cOSNCr IWDI P,,AKK)O "m IL Sew nOW M m VMM SKI ALWAYS IN R4 AL ISRECTINI. 9. POOR ORMALL %M ALWAYS OF INSTALLED WIER IIADWG HAS KEN _wIL KYONO 15 m , Dmn-m, FRISK so Ivrticinum or snm= - mm corrou a SCREACIS. RMUS. 1. SEALWT AT PAL WALL AND ROOF KNEOUTONS. 2. SLAANI AT ALL INNOONS AND DOOR FIONES P1 WAD, Sit. NO JAUS. laA KEYNOTES Em k QD is Am Q MR in CAY. ". COPING PRY[ & PAW 19 - 2/kALl i— I SEE MAN. 10 4, 14 DEE c CD /A3 I �Mg WPS*G AND IRARRYSO * Ad A D& I _ o r PFINE ASNO PARSI IN NO TOWNSID CURB C 0 0 DECRIECIL 1 7 A7 Al S7UDDY NOTES RE Slow 14 -�"Mmmms NM FLOOR Of OPENING 2 WAY ARM NOW KEN. Is Q Mv WL cKRAIDUam, WPM WAOM REQUIRE ENT sntm (j> SACDO DONUM -TO K ONTARIO& ON WALL 1, PARAPIEF (i».1 Sit ANY. W., SAL A wa A=S • WC FIR, AW TONNES :B E (:,fNE SEC"ONS) WALL UNDOING. CURTER PESKIN I*. JDWSS IN SSIM. Tyr 0 oa~ WULDNa 5" A ANS-VTO OF WON VENOOK UNDER PERRAY A7 slimu, BE MENnFu PON A ON SOCKER D, 1. SONONS Fo O ­ ucm-_ F_ ED c m PPui m a wastmat. of ..m Eurciscoi. ol Iff cc IKI AM 8 17 - NOSE ND B - A L III RE .110 -111 10 "9 . Or ""A FRONT ELEVATION " 8 I CO} . E BOX WASH -W COMB FTWW — SO II billf. ANSWERS) WIN FACTORY JIM SEE 0 101 Ki. EXTERIOR FINISH SCHEDULE CID - - A1 /24/0' m o.A.— — -A2 AREA ICOLOR MOORE CANINAME IETAIL 11911 AU U� EMET. SEL W. 3/A7.1. Ahpo"m SW 2111 RED' §17 IS ROOF ACCESS LADDER A&W FORTAL IRS 23'" 'Gam AlEar K (ID RAIL TO ROW FLAS104 AT COWA/MUM SEE M II/Al.1 NEC Tom N 2123 Vc mw IP3 I EQ. llo'[IW[10110 ECQ A NoDo : _ EYoNo. GENERAL ROLL M7 IM IN R W R W1 Rl ,AAIFJANE 4 no? " ( r Iq 1 - 1 OZ /01 /00 a ENS WALL AT "W FORM SEE [SEARS 15. 16.20 SHIM M.S. IRS LID VAPORS, mm PITS AND, COSIXOT no ij,D M DUSIONS. FARM I—. Atc CAS WIER NO EUECHODSL SUM U07 VC IlUEr 1_912 98040.79 NN L LE111SAW, SUPFUEI) W UWNM 1 �1) M 11 M GENEft WALL BASE SN So" wKw MW WNW UETFIANW.SUPPUED Of OANfA.INSIMIED IN CC NEON Mk4WOMO=MD F ADMAN SAW SAID AND PARAPIEF WE 1473 • IALSOURNE O)ASr A4 DY -m— I— P'LL' ON E.""DE "O"'S " 27 ® wimmuc (oPno-) ASK PARAPET CASP 12 (=EL OR MR UOUIO =Ewt N WAR ARM PSI/ Mir PON IN 12 C NEON SA.UESSS , PAN A=W BAND K" PARAPET "WAS 10 14n" KFC AWNING 0 CUPOLA —­r 1 4 11USIIC TIED Sol, ON LOUVER 0 AAR TOWEIL REFER ED ROOF PLAN FOR LOCAM& A=m Sits, we ARM Impsoot 05 loono• 2 y rnax M s TIT ...... ..... .. oEt uomD ffAip® ❑9 e0 Io I 4 li:' -9 -r Ir r - +r -r Jr • i L COOLER C DEMM (eEY«ID) n ` _ -� °- - " J I. Am 1 �IE Wr,Of o/T AM111NG — ..— • — __ --y a 1111EtE 4fNeR- --1 :4 U- ! I E * 5 lwQl i i I L § n A7 ® I 7 RS.TItlES .EMITS. �ryp «STAB - yy • � n IY-o• EFIEL { t D/r LAW C LEFT SIDE ELEVATION I ; e sa & /A7.1 rat AJ. gops EOElAt FOR EXTERIOR ELEVATION GENERAL, KEY NOTES AND N °° peWIOE 9MJIR 141,r 0 w91 otR ER EXTERIOR FINISH SCHEDULE REFER TO DWG. A4 Z I4JSN lP w iK wnaw « Ae.MG. E 8 A[M Io SPFC•y (SEC11011 0n4) 1 1A 9EE ODON/WNp0I1 1 .. 5[HEWIE M AIJ AD J a W ILEVAIDe UNC M. R w R NLI JAMS o C IrNNK la S J M «! a p IVMI LEGS. - 0; rar a AaM Jam . — . 1 Q � � � r r-r `r-r r-. la .• �.. i T I T " JWM �I ' ED A &W TOWER CAP w9 15 ' A _ 4 — n. —a0 + I p a _ _ __ ON wu mww III ' I M 5 b ' ra cw aw®n. /• snoOfolY YF11 pnG1FO mum . — — � c_ -i- -{ y • — - T mr. or AwNm 4 ,`- -•- ---- /- =r - - �- - _ -j - - •!- - � " Eo oe w rDerArz M MM Or 0W9 r: or JwwMO —' I I $ I I I I I 4/24 /0_ - w a ow A 45 ME eew i I I I I I I `— KASOOOa I ADEIEo ow 1/E x 1 • UK N0'E` m 'oioaAmm i- I I I I I I 1 ( I 1 - - T r. 11r r-3'0 1 r -. 1/21" -- - -i = ,� ►. I I I I } I , ••e SRI VW a Ate z I / I I-�- 1 02 /O1�0C Ir _eY DDOIte w eE Ga t—ms rAaAD d--y,�— . — . � , ? \' I I 1 I I I I 98040.7S It'- e'(SrID) AM DIIEIeOA wu NMEB O�}'' 1 .W .,... A4.1 A &W TOWER EIFS ws 120 EIFS V- GROOVE we 116 REAR ELEVATION 1/E 1 e I D V rrsrr �� d �yrw� T g O OF T"l T �------- - - - - -� • e rr Wr w ' ' I e.ASRD AN Y -let N 1/r M -w t/x' fa tp• • � � • CovDERS _ /R .''. y �- Rw 1 I 1 ® `Z " i # f oil 1 T 1 } }_ y • mwrta D1. I j.O r G l 1 1 'I �.Uf '' • , � � rte + IY- e• � -�- I''�L� I j.�l u 1 . 0 +1s u U a. mt a t - o w 0 «3 z i c-, o SCALE: 1 11`= 1' -0 �O SEATING/ CORE DRILL PLAN SEATING PACKAGE ARTWORK SCHEDULE DECOR PLAN NOTES KEYNOTES .Jm =— LN © SUPPUER *MAUER ROT Rfl/MNS 1. lEE CNPt•O APaRD COPE OPLL TILES 1011 SGRM t0011RE RRl _ OFT'. OWNER O.C.,OWNER D.C. AEY WA1RrS OTT. NO CC LOLL CRWI NOItS MG LFPOIIf Po6R O Two: TV ]t C� 1 tl tl DINI COWER SEE IR:UL IS/O +• +• ® i 1RRRAt' 2 U Duos" MR SURNS CORE tRlt SAN LULL SE FROM FACE OF fINIK U 7 tl tl DoD1N SFAIS AND TAXES 1 FDORII — (1210 x to" 3 a Ny ALL e[ L OIISIOXS RAIN SEATO 55110x1 POOR A I RIS1AIUllal O NOT USED 1 CMDNU VAT" CM (10' x 12M A RO REFER TO PRO 01.1 FOR LIST OF SPEC KOM OEL WINES. © TAB TOP le' x t/ AM M' R 20' - PL-8 . - -- s O O 1NAL1 RECEPFACLE/MIO REMN SEE DETAIL te/D1.t. ® 1 Oo 1FM5 (1DY x In* S Sm OEwI e/DLI Fa rm" MM omm. vac TOP Boom - M -S zs Q 1 O O COMRIFNR GMNtq ScSEE DETAIL 13/01.1 In SEATING VENDOR. 1 RID DOM ROOM (1410 x 1211) l SEE OTERON DLEYA W TO LOG ION OF SFA VIC WHOM TIPPLED VAXSMF AND ARTWORK. pp COaOIM1E LOGVOII p IRRTaxw PLC srP aux /�w0+ SUN) SUN) © 1 SET tl tl SEATING PAarAGE (e0 SEAIS) V SFATHO VENDOR, ux1O0E5: TAMES, FPAAES, CHARTS, S100LS. ® 1 CaaKL MIN KITS (1110 x IT" 7. PI4* X RR Fa20WRRO 1VROW/RK mR DON GROW DGM Oft SLAT *m WALL. RRN A!N CgwRR. Sr" CWSF 70 Oak11 TRELI ENCLowtEs. CONMOO CO !TIM OuLm PAR. LADDERS. - ® t Clola STORE mart (STY x tel) 44et (Ip� G1c1k sum" SAM (1 u), lows. swwLY !see (! EL Q ea9u SS R UP— (CI[ PKW G SK OF DRIw SIOTON 4/24/01 1 %10PY COL ORRIS LODGIO16 FOR Owe1E [OIRRret RAIL t[GR MM VOOOR (.".. eY OR .' p 1 0 o sFnYNC [ouRtrR SEE 4/01.1 s n/D1 t . ® t sat (22R x HY) KA6000A 0 ] 1) tl WEIR: RAPwG ® I SECR[r SITO (tzY x I35Y) L 1RWIT GF ORW RAIL Ae RRRa11m r _ 1QD � CEOV1wN�G. MLL MIN FA¢ O mILR (W[Sf) • p t O O POP DISPLAY PANELS SEE DETAIL "J.2. 0 1 SNOOIS COW (3110 x I?3 pq SWeDI RRMar3 A IRRt MILE a1 OxIS1s CawrER Row sloal. Q wm CCRAFT R'L AT REAR WOL 111" MR SIATM 1 so O 02/01/00 ® I O ARTWORK PACKAGE REFER m PLAN s: e[ M FOR LOCATIONS ® MON& moo (2210 x 213 sneL GOODIES A NNNOCIP AC i CSSHE UWE 1 0 O OMDER R'ALL SEE DETAR IO /Dl.t 0 1 PRESM FROM (24.510 x 2M ® (f '' FOR 4O1 � ® t NERSS AM SRCIS (3610 x 4" 1 98040.79 © t 5-0 cam (WV x Ing 1 t m1a,R 2x101 SQ N FMC ,DGGOatE D 1 ® t OLM1t IOLS SM N IN 1000M ® 1 K W aRCxD1 Rawl SEE MM R LMEW City of Brooklyn Center Special Use Permits - Section 35 -220 2. Standards for Special Use Permits A special use permit may be granted by the City Council after demonstration by evidence that all of the following are met: a. The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. b. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. c. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. d. Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. 3. Conditions and Restrictions The Planning Commission may recommend and the City Council may impose such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with requirements specified in this ordinance. In all cases in which special use permits are granted, the City Council may require such evidence and guarantees as it may deem necessary as part of the conditions stipulated in connection therewith. 4. Resubmission No application for a special use permit which has been denied by the City Council shall be resubmitted for a period of twelve (12) months from the date of the final determination by the City Council; except that the applicant may set forth in writing newly discovered evidence of change of condition upon which he relies to gain the consent of the City Council for resubmission at an earlier time. 5. Revocation and Extension of Special Use Permits When a special use permit has been issued pursuant to the provisions of this ordinance, such permit shall expire without further action by the Planning Commission or the City Council unless the applicant or his assignee or successor commences work upon the subject property within one year of the date the special use permit is granted, or unless before the expiration of the one year period the applicant shall apply for an extension thereof by filling out and submitting to the Secretary of the Planning Commission a "Special Use Permit" application requesting such extension and paying an additional fee in an amount as set forth by the City Council resolution. Special use permits granted pursuant to the provisions of a prior ordinance of Brooklyn Center shall expire within one year of the effective date of this ordinance if construction upon the subject property pursuant to such special use permit has not commenced within that time. In any instance where an existing and established special use is abandoned for a period of one eyar, the special use permit related thereto shall expire one year following the date of abandonment. i MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 17, 2001 CALL TO ORDER The Planning Commission meeting was called to order by Chair Pro Tem Graydon Boeck at 7:30 p.m. ROLL CALL Chair Pro Tern Graydon Boeck, Commissioners John Whitehead, Rex Newman, and Stephen Erdmann. Chair Tim Willson, Commissioners Dianne Reem and Sean Rahn were absent and excused. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Nancy Czajkowski. APPROVAL OF MINUTES APRIL 12.2001 There was a motion by Commissioner Erdmann, seconded by Commissioner Boeck, to approve the minutes of the April 12, 2001 meeting as submitted. The motion passed unanimously. CHAIR'S EXPLANATION Chair Pro Tern Boeck explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2001 -009 (BKV GROUP) AND NO, 2001 -010 (Loucks Associates) Chair Pro Tem. Boeck introduced Application No. 2001 -009, a request from BKV Group Architects on behalf of Christensen Corporation, to seek Rezoning, Site and Building Plan approval through the Planned Unit Development (PUD) process for the development of a 45,029 square foot, four building, mixed use commercial /retail development on a 5.6 acre site located at the northeast quadrant of 69 Avenue North and Brooklyn Boulevard. Mr. Warren presented the staff report using overhead transparencies to describe the location of the property and the proposal. (See Planning Commission Information Sheet dated 5/17/01 for Application No. 2001 -009 attached.) The property in question is currently made up of 13 parcels or portions of parcels zoned C -2 (Commerce), 12 parcels or portions of parcels zoned R -1 (One Family Residence) plus vacated June Avenue right of way lying between 60 and 70 Avenues North. This property was formerly occupied by single family homes and various commercial establishments that have all been acquired by the City over the past six or seven years for the purpose of redeveloping this area. The land is bounded on the south by 69 Avenue; on the west by Brooklyn Boulevard; on the north by 70 Avenue; and on the east by a line lying 150 feet east of the June Avenue right of way between 69 and 70 Avenue. Staff recommends approval subject to seventeen conditions. 05 -17 -01 Page 1 Chair Pro Tern Boeck stated they have proposed island plantings throughout the complex. He cautioned the applicant that the sight distance is very important. He added they need to ensure that the greenery does not obstruct the sight lines internally to the site as well as externally. Mr. Warren presented the second staff report for companion Application No. 2001 -010 and used overhead transparencies to describe the location of the property and the proposal. (See Planning Commission Information Sheet dated 5/17/01 for Application No. 2001 -010 attached.) The applicant, Loucks Associates on behalf of Christensen Corporation, is seeking preliminary plat approval to subdivide 5.6 acres of land at the northeast quadrant of 69 Avenue North and Brooklyn Boulevard into four lots for the propose of constructing a four - building, 45,029 square foot mixed use commercial/retail complex. Commissioner Newman asked about the additional expansion of Brooklyn Boulevard in the future. Mr. Warren responded the county took all their right of way from the east side rather than taking equal amounts on each side. He stated Brooklyn Boulevard would probably be widened in other sections. He noted the last time it was widened occurred over 30 years ago. He added the city would like to see the northwest area of Brooklyn Boulevard redeveloped as well Commissioner Erdmann asked if the 29,000 square foot building would be built at the same time as the others were built. Mr. Warren responded this applicant is building two of the buildings. He stated McDonald's and BP are going to obtain their own building permits. He was not certain of the timing of the building construction. Commissioner Newman asked about the concept corners. Mr. Warren responded that the plans were being reviewed by Hennepin County and the city. He stated both of these entities have a big concern for visibility at these intersections. He noted the city had received a grant for landscaping along Brooklyn Boulevard. He added he does not think site visibility would be a problem, but it would be looked at. The Chair Pro Tern called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. PUBLIC HEARING — APPLICATION 2001 -009 AND APPLICATION 2001 -010 There was a motion by Commissioner Newman, seconded by Commissioner Whitehead, to open the public hearing on Application No. 2001 -009 and Application No. 2001 -010 at 9:14 p.m. The motion passed unanimously. Chair Pro Tern Boeck called for comments from the public. Mr. James Carlson, 3609 Violet North, a member of the Northwest Neighborhood Advisory Group, stated he did not get an opportunity to do a great deal of study on this matter. He noted his concern that this was the busiest intersection in Brooklyn Center. He added he is greatly concerned that the intersection could not handle the traffic from this center. He stated that at certain times of the day no one would be able to get out of there and turn left. He noted it should be dealt with. He added that after looking at Village North he has seen a lot of small businesses that have closed. He stated he hopes that someone is paying attention to the types of buildings that are oin g gin there. He noted traffic is increasing exponentially. 05 -17 -01 Page 2 Mr. Greg McGeary, 3007 Thurber Road, a member of the Northwest Neighborhood Advisory Group, stated he concurs with Mr. Carlson. He noted this is going to be a boondoggle. He asked if there was a traffic study done. Chair Pro Tem Boeck responded he is not aware of any studies. He stated the Commission assumes the county would have a traffic analysis made. He noted he is aware of the analysis done as part of the Brooklyn Boulevard project. He added he is sure the traffic was considered. He noted traffic is always a concern, but they cannot leave the property without a use. He did not believe traffic would be an issue. Mr. McGeary asked if they could request a traffic study be done. Chair Pro Tem Boeck responded he thought that is reasonable. Mr. McGeary asked if there was an adequate storm sewer pipe going to Palmer Lake. Chair Pro Tem Boeck responded the uses of property are considered in the sizing of the pipe. Mr. Warren responded the detention pond in Palmer Lake was recently completed and is a regional facility. He explained the St. Alphonsus project was done before the regional facility was installed, therefore, they were required to build their own pond. He commented that the proposed uses would not necessarily add new traffic to this area. The traffic is already there. The developers are trying to capture or attract the existing traffic. He noted a traffic analysis was done a few years ago anticipating such a development. Mr. McGeary asked if test wells were dug where the former gas station was. Mr. Warren responded there has been a phase one environmental study done. Mr. Ron Christenson stated he was here to answer questions on the part of the developer. Commissioner Erdmann asked about the construction timeline of the various buildings. Mr. Christenson responded the idea is that the two commercial /retail buildings would be built concurrently. He stated the current draft of the development agreement requires the two buildings to be under way before BP or McDonald's could start their projects. He noted they would like to start in June of this year. Commissioner Newman asked about signage. Mr. Gary Vogel, BKV Group architects, responded they were looking at a tower element with the name of the center. He stated signage for each tenant would be above the storefronts. He noted McDonald's arches would be on their roof. He added a comprehensive sign plan had not gone through yet. Chair Pro Tem Boeck asked about the freestanding sign. Mr. Vogel responded it would be restricted to the name of center in the corner. He stated in the middle of the center there would be a 15 x 20 -foot sign facing north and south. He noted this sign would have the names of the tenants. Commissioner Newman asked about the difficulty in clearing snow from the east lot. Mr. Vogel responded the roadway is 26 feet wide. Commissioner Whitehead asked if any businesses had extended hours. Mr. John Cosmis responded that BP (Britain Petroleum) has purchased Amoco. He stated they would like to be open 24 hours unless restricted by the city. He noted this would be a new development concept, 05 -17 -01 Page 3 more like Superamerica. He added they would be offering more amenities and in doing so they would look at extended hours. He noted Minneapolis is one of first cities to have their new concept in 2002. He added the building has a different look. He described the building. Chair Pro Tem Boeck asked if there has been agreement on the exterior of the buildings. Mr. Warren responded the developers have had discussions with BP and McDonald's to blend their buildings with the two buildings done by developer. Mr. Vogel stated they would more likely have a dozen tenants. Commissioner Whitehead asked about inside walkways. Mr. Christenson responded there would be no interior walks. He stated all access would be from the outside individually. Mr. Warren stated there are no restrictions of hours for gas stations in City Ordinances. No other persons from the public appeared before the Commission during the public hearing on Application No. 2001 -009 and Application No. 2001 -010. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Whitehead, to close the public hearing on Application 2001 -090 and on Application 2001 -010, at 9:50 p.m. The motion passed unanimously. The Chair Pro Tem called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. Chair Pro Tem Boeck questioned finding one in the proposed resolution. Mr. Warren responded this finding is saying that this proposal meets Section 35 -355 of the City Ordinances regarding Planned Unit Development proposals. Chair Pro Tem Boeck asked about the fence. Mr. Warren responded it would be an eight -foot, maintenance free fence designed to be compatible with the screening already existing along the 69 Avenue right of way. Chair Pro Tem Boeck stated "PUD" should be inserted in Condition 17 of the resolution. Mr. Warren concurred. Chair Pro Tem Boeck stated there should be a new cndition 18 stating the PUD approval includes granting a special use permit for BP Amoco convenience store and McDonald's restaurant. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2001 -009 (BKV GROUP) Commissioner Erdmann introduced the following resolution and moved its adoption: "Planning Commission Resolution No. 2001 -02, Resolution regarding the recommended disposition of Planning Commission Application No. 2001 -009 submitted by BKV Group." The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Newman and upon vote being taken thereon, the following voted in favor thereof. Chair Pro Tem Boeck, 05 -17 -01 Page 4 Commissioners Erdmann, Newman and Whitehead, and the following voted against the same: None; whereupon said resolution as declared duly passed and adopted. Resolution 2001 -02 is made a part of these minutes by attachment. The Council will consider the recommendation at its May 29, 2001 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2001 -010 (LOUCKS ASSOCIATES) There was a motion by Commissioner Newman, seconded by Commissioner Whitehead, to recommend to the Council that it approve Application No. 2001 -010, submitted by Loucks Associates for preliminary plat approval to subdivide 5.6 acres of land at the northeast quadrant of 69 Avenue North and Brooklyn Boulevard into four lots for the purpose of constructing a four- building, 45,029 square feet, mixed use commercial /retail complex, subject to the following seven conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. Approval of this preliminary plat is contingent upon approval of Planning Commission Application No. 2001 -009. 4. Appropriate cross access and cross parking agreements, as approved by the City Attorney, shall be developed and filed with the final plat. 5. The 60 -foot wide utility easement remaining after the vacation of June Avenue right of way shall be shown on the final plat. 6. The storm water retention plan proposed for the land comprehended under this preliminary plat shall be approved by the Shingle Creek Watershed Management Commission prior to final plat approval. 7. Building permits for construction of any of the buildings comprehended under Planning Commission Application No. 2001 -009 shall not be issued until the final plat has been approved by the City Council and filed with Hennepin County. Voting in favor: Chair Pro Tem. Boeck, Commissioners Erdmann, Newman, and Whitehead. The motion passed. The Council will consider the recommendation at its May 29, 2001 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration • Chair Pro Tern Boeck called for a recess at 10:12 p.m. and reconvened the session at 10:22 p.m. 05 -17 -01 Page 5 APPLICATION NO. 2001 -011 (GPD ASSOCIATES) Chair Pro Tem Boeck introduced Application No. 2001 -011, a request from GPD Associates on behalf of Tricon Global Restaurants to seek Site and Building Plan approval and a special use permit to construct a 3,142 square feet combined Kentucky Fried Chicken (KFC) and A & W restaurant on the lot to be created immediately north of the old Toys R Us building which is being converted to a K & G apparel store. Mr. Warren presented the staff report using overhead transparencies to describe the location of the property and the proposal. (See Planning Commission Information Sheet dated 5/17/01 for Application No. 2001 -011 attached.) The property is zoned C -2 (Commerce) and is being created through the plat submitted by Brooklyn 55, LLC under Planning Commission Application No. 2001 -004. This preliminary plat was approved by the City Council on March 26, 2001. The final plat has yet to be approved. The size of the proposed site is to be .75 acres and is located between the K & G site and another lot north of this one which, is being created for the development of a gasoline /convenience store. Convenience food restaurants such as this are special uses in the C -2 zoning district. Staff recommends approval subject to fourteen conditions. Commissioner Newman stated there are a lot of small open questions. He asked if the 14 points listed were adequate to cover contingencies. Mr. Warren responded in the affirmative. He stated all of these have been reviewed with the applicant. He stated the City Engineer is comfortable with what he has seen to this point. The Chair Pro Tem, called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. PUBLIC HEARING — APPLICATION 2001 -011 There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to open the public hearing on Application No. 2001 -011, at 10:49 p.m. The motion passed unanimously. Chair Pro Tem Boeck called for comments from the public. Ms. Donna Ziska, 5455 Brooklyn Boulevard, stated she. has objections to a gasoline station in this area. She noted there are gas stations and convenience stores every ten blocks. She added the city previously tried to get rid of them and now they are putting them back. She stated there is an ugly face on the front of the building facing her home. She noted it is one of the ugliest things she has ever seen. She added she has no objections to the restaurant. She stated she would like a pretty design and no checkerboards. She noted she is concerned all those little stores are going to be empty. Mr. Stan Katanic, GPD Associates, stated he is a civil engineer. He noted Mr. Johannson, owner of the property, is in charge of the truck turning radius for K & G. He added Mr. Johannson has assured them that they could bring a truck into the building. He stated that if they need to they would shorten the landscape bed. He noted the development agreement states the property owner would bring the water and sanitary sewer down to a specified point. He added the lights would be shielded by a fixture so the light would stay on the property. 05 -17 -01 Page 6 Commissioner Erdmann asked if the grinning face would stay on the building. Mr. Katanic responded it is their logo. Commissioner Whitehead asked where the picture would be seen. Mr. Katanic responded there would be one on the south side and one on the west of the building. He noted they are going for a new prototype design. Commissioner Whitehead asked if there was any other way to do it. Mr. Katanic responded all the new KFC's would have this look. He stated it is a new corporate logo and trademark and that they would be within the limits allowed by the sign odinance. Mr. Warren stated that he did not believe the City had the ability to prohibit that type of sign as long as it met the size requirements allowed by the ordinances. He added if the City to regulates a logo, there might be free speech issues raised as a challenge. He stated the purpose of a sign ordinance is not necessarily to regulate good taste and expression. He noted it is not obscene or dangerous. He added he did not believe the City could regulate good taste. Mr. Katanic stated they would work with Mr. Warren regarding signery and have already done so. Commissioner Newman asked about the special use with leased property. Mr. Warren responded the special use becomes a property right. He stated if KFC and A &W moved out, a new convenience food restaurant would not have to go back through the Commission unless it modified or changed the building. He noted the special use permit would continue to be operational. Commissioner Newman stated he finds the appearance somewhat garish. He noted it seems out of character for the Boulevard. He added the A &W design is bothering him and seems almost signage. Mr. Warren responded it could be seen as an architectural treatment. He added even if it were classified as a sign, it probably would meet the 15% wall area standard allowed by ordinance. No other persons from the public appeared before the Commission during the public hearing on Application No. 2001 -011. CLOSE PUBLIC HEARING There was a motion by Commissioner Whitehead, seconded by Commissioner Newman, to close the public hearing on Application 2001 -011, at 11:10 p.m. The motion passed unanimously. The Chair Pro Tern called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2001 -011 (GPD ASSOCIATES) There was a motion by Commissioner Erdmann, seconded by Commissioner Whitehead, to ® recommend to the Council that it approve Application No. 2001 -011, submitted by GPD Associates on behalf of Tricon Global Restaurants for site and building plan approval and a 05 -17 -01 Page 7 special use permit to construct a 3,142 square foot combined KFC and A & W restaurant on the lot to be crated immediately north of the old Toys R Us building, which is being converted to a K & G apparel store, subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of site improvements. 4. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 10. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 11. The final plat dividing this property into three lots shall be approved by the City Council and filed with Hennepin County prior to the issuance of building permits. 12. The plans shall be modified prior to the issuance of building permits to eliminate the indicated concrete wheel stops and to provide six additional parking spaces to the east end of the site. 13. A special use permit is granted for the convenience food restaurant proposal as indicated in this application. Any expansion or alteration of the use not comprehend by the Zoning Ordinance shall require an amendment to this special use permit. 14. The special use permit is subject to all applicable codes, ordinance and regulations. Any violation thereof shall be grounds for revocation. 05 -17 -01 Page 8 Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Rahn, Reem, and Whitehead. The motion passed. The Council will consider the recommendation at its May 29, 2001 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration OTHER BUSINESS Mr. Warren next meeting is a study session, but he would like to put two applications on the agenda. There was no other business. ADJOURNMENT There was a motion by Commissioner Whitehead, seconded by Commissioner Erdmann, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 11:14 p.m. Chair Recorded and transcribed by: Nancy Czajkowski TimeSaver Off Site Secretarial, Inc. 05 -17 -01 Page 9 City Council Agenda Item No. 9a Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE 21 YEARS OF DEDICATED PUBLIC SERVICE OF BARBARA JOHNSON WITH THE CITYOF BROOKLYN CENTER WHEREAS, Barbara Johnson has been an employee of the City of Brooklyn Center Police Department from July 17, 1979, to May 31, 2001; and WHEREAS, Barbara Johnson has been a Clerk Typist and Classification Technician from 1979 to 2001; and WHEREAS, Barbara Johnson has faithfully served the residents of the city of Brooklyn Center for over 21 years; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Barbara Johnson is hereby recognized and appreciated by the City of Brooklyn Center. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 9b . Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE 26 YEARS OF DEDICATED PUBLIC SERVICE OF SERGEANT DAVID GRASS WITH THE CITY OF BROOKLYN CENTER WHEREAS, Sergeant Grass was hired as a police officer by the City of Brooklyn Center on July 23, 1975; and WHEREAS, Sergeant Grass was promoted to sergeant March 21, 1994; and WHEREAS, Sergeant Grass has worked extensively in community services and crime prevention; and WHEREAS, Sergeant Grass has received commendations for his actions in the line of duty and letters of thanks from citizens commending him for his actions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Sergeant Grass is hereby recognized and appreciated by the City of Brooklyn Center. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 9c Office of the City Manager City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness and Council Members L an, Nel eppe d Ricker FROM: Michael J. McCauley, City Manager DATE: May 23, 2001 SUBJECT: An Ordinance Amending Chapter 23 Relating to the Licensure of Massage in the City At its May 14, 2001, meeting, the City Council reviewed a draft massage licensure ordinance amendment prepared by the City Attorney. It was City Council consensus to schedule first reading of the ordinance for the May 29, 2001, meeting. The draft massage licensure ordinance is attached. Definitions are added for "bona fide health club ", "qualified ", and "recognized school ". The ordinance amendment includes exemptions from licensure for ® barber shops, hair or beauty salons, or for bona fide health clubs and provides guidelines for massage in public places. The ordinance amendment requires a minimum of 500 hours of training in massage from a recognized school. The ordinance amendment is offered for first reading and calls for second reading and public hearing to be held June 25, 2001. Attachment 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 = (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 25 day of June, 2001, at 7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance amending Chapter 23 relating to the licensure of massage. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 763 -569 -3306 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23 RELATING TO THE LICENSURE OF MASSAGE IN THE CITY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Brooklyn Center Code Section 23 -1701 is amended by adding the following paragraphs: 5. The term "bona fide health club" means those parts of a facility that are designed and used primarily for health and fitness activities and that have a capital investment of at least $250,000 in building and fixtures and at least $20,000 in exercise equipment. 6. The term "qualified" when used to refer to a barber shop, hair or beauty salon, or licensed cosmetology salon, means that such primary use has at least two full time employees engaged in the primary business use, is in a zoning district where such use is a permitted use, has no more than 15% of the floor area of the premises devoted to a massage use, has been in business in the city for at least three years, and has a capital investment in furniture fixtures and equipment of at least $30 000. , 7. The term "recognized school" means a school or educational institution that: a) is in good standing with the Minnesota Therapeutic Massage Network or the American Massage Therapy Association; b) is either registered or licensed with the Minnesota Higher Education Office or accredited by a federally recognized accrediting agency; c) has for its purpose the teaching of the theory, method, profession or work of massage; and d) requires a resident course of study before the student is given a diploma or certificate of graduation following the successful completion of the course of study or learning. Section 2. Brooklyn Center Code Section 23 -1703 is amended as follows: Section 23 -1703. LICENSE AND CERTIFICATE REQUIRED. No person shall engage in the business of operating a massage parlor or massage establishment either exclusively or in connection with any other business enterprise without being first duly licensed as provided herein. No person shall engage in or hold himself or herself out as being engaged in the practice of massage nor shall any person administer or practice massage commercially or for hire, or for the exchange of any valuable consideration within the City of Brooklyn Center without first having obtained a certificate as herein provided, except any person who is currently registered by the State Board of Medical Examiners. No business license shall be required for qualified barber shops, hair or beauty salons or for bona fide health clubs; provided, however that all other requirements of Sections 23 -1700 through 23 -1720 must be met, and all masseurs and masseuses must have certificates. No business license shall be required, and the requirements of Section 23 -1712 need not be met, for a masseur or masseuse, holding a current and valid certificate, to give massages to persons at public places if both the masseur or masseuse and the customer are fully clothed, the place is open to the public and access is not limited to adults, and the massage is limited to the scalp, neck, shoulders, arms and back. Section 3. Brooklyn Center Code Section 23 -1709, paragraph 6 is amended as follows: 6. Licenses may only be granted when in complete conformity with the zoning code of the City of Brooklyn Center. No license shall be granted for any premises which is within 300 feet of, or in the same building as, or on the same legally subdivided lot, piece or parcel of land as a currency exchange operation, secondhand goods dealer, pawn shop, tattoo or body piercing establishment, another massage parlor, school, day care center, church, hospital, on -sale liquor establishment, halfway house, theater or residence; provided, however, that this limitation shall not apply to bona fide health clubs or qualified barber shops, hair or beauty salons or licensed cosmetology salons. Section 4. Brooklyn Center Code Section 23 -1710 is amended by adding paragraph 6 as follows: 6. Certificates shall be issued only to persons having at least 500 hours of training in massage from a recognized school. Section 5. Brooklyn Center Code Section 23 -1711, paragraph 10 is amended as follows: 10. Except as provided in Section 23 -1703, aAny person practicing massage within the City may do so only at premises which are licensed for the conduct of such business as herein provided and further any person practicing massage shall inform the City of any changes in employment or I the location of his employment within the City within seven (7) days after such change. Section 6. Brooklyn Center Code Section 23 -1711, paragraph 11 [requiring same sex massage] is repealed and the remaining paragraphs of Section 23 -1711 are renumbered. Section 7. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 2001. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, underline indicates new matter.) Dear Mayor Kragness I have received a copy of the amendment to the city ordinance on massage therapy, and was very disappointed. As the council already knows, the tanning salon that asked about me working there is in Humboldt Square which has a day care center at the north end, effectively preventing me from working there. As far as that goes, this amendment seems to restrict me from working everywhere except for a few large and expensive establishments. How many places in Brooklyn Center are 300 feet from schools, churches, day care and residential properties and still meet the proposed guidelines? There has been time and effort spent by the attorney, the council, and me, without any real changes being made. The wording has changed, but the intent of the amendment remains the same, no massage in Brooklyn Center. When I started this,I was told by a member of the city staff that massage is like pawn shops and money exchangers, businesses we don't want. I really felt the city would be open minded enough to change, I am now beginning to think I was wrong. My understanding of the amendment will continue to prohibit massage therapy in the city except in medical offices and large businesses. This does not encourage a small business to expand. Please tell me that this is not the intent of the city. Sincerely, Ai/.0 4 � / t? Dennis apitz (763) 561 -5$61 City Council Agenda Item No. 9d MEMORANDUM DATE: May 23, 2001 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works SUBJECT: Resolution Authorizing Execution of a Grant Agreement With the Department of Children, Families, and Learning for a Grant for a Youth Activities Center at Grandview Park As you will recall, the City of Brooklyn Center was awarded a $100,000 Youth Enrichment Project grant for the construction of a Youth Activities Center at Grandview Park. This is associated with our Destination Park Plan and the designation of Grandview Park as a youth activities park. These funds would supplement the $200,000 already in the CIP for a new shelter at Grandview. A Grant Agreement has been prepared by the DCFL, and the attached resolution would authorize the Mayor to execute this agreement. The original plan as submitted to the DCFL was to construct a "super" park shelter that would provide year round multi - purpose space suitable for numerous uses. The Youth Activities Center would be one point of a triangle also including the Community Center and the Hennepin County Government Center with its library expansion and additional community space. Also being discussed is a partnership with the Brooklyn Center School District to possibly piggyback this new space into the proposed additional space at Earle Brown Elementary. The Youth Activities Center would perform the same functions, but could possibly be built into the school building (such as is common with Minneapolis schools adjacent to parks). The grant agreement provides a certain amount of flexibility in this area. We agree to accomplish the objectives of the Youth Activities Center, and to expend the funds by December 31, 2002. We are not necessarily tied into the specifics of what was proposed in the grant application as long as we accomplish the objectives. . Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE DEPARTMENT OF CHILDREN, FAMILIES, AND LEARNING FOR A GRANT FOR A YOUTH ACTIVITIES CENTER AT GRANDVIEW PARK WHEREAS, the City of Brooklyn Center has been awarded a Youth Enrichment Grant to assist in the construction of a Youth Activities Center at Grandview Park; and WHEREAS, the Department of Children, Families, and Learning has prepared a Grant Agreement stipulating the conditions of said grant. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the Mayor is hereby authorized and directed to execute this Grant Agreement on behalf of the City of Brooklyn Center. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 9e MEMORANDUM DATE: May 23, 2001 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Wor SUBJECT: Status Report Re: TH 100 Project The following report is a summary of the status of a number of different issues relating to the TH 100 project. There are a great number of items in development or under discussion; this project consumes a substantial amount of staff time. The report is organized into sections for the Segment 4 mainline project; the aesthetic design issues; and the 2002 Southwest Area project, which includes the Azelia/50 France Avenue relocation. There are also some aesthetic design issues on which we'd appreciate some input from the Council. TH 100 Segment 4 Project Indiana Avenue Neighborhood Access Mn/DOT and Robbinsdale have come to an agreement regarding the frontage road option. After extensive soil borings were taken revealing the soil conditions were much worse than assumed, Mn/DOT concluded that the NB exit ramp to France Avenue and any frontage road must be built on structure rather than more expensive than anticipated soil - corrected fill. Mn/DOT and Robbinsdale also reevaluated the 46 Avenue bridge option and determined that it would require additional right of way takings beyond the original estimate. These findings brought the costs of the two options much closer together than was previously assumed. The cost estimate of the frontage road option is now about $107,000 more than the 46 Avenue bridge. Because the frontage road option requires the taking of several fewer properties than the 46 Avenue bridge, the Robbinsdale City council has approved the frontage road option and agreed to pay the additional cost. Sometime in the next several weeks the Brooklyn Center City Council will also have to approve this option; however, as noted below there are still some issues being worked on with Mn/DOT relating to 47 Avenue that should be resolved prior to that approval being given. 47 th Avenue Intersection We are working with Mn/DOT on two issues, the first of which has been resolved. First, Mn/DOT has agreed to add a dedicated right turn lane from 47 Avenue to NB France Avenue. Second, the profile of 47 Avenue is proposed to be a 4 percent grade as it rises up to the approach of the France Avenue bridge; we have asked Mn/DOT to reconstruct 47 Avenue back to Drew Avenue to reduce the grade. They are hesitant to do so as it would probably require closing some driveway accesses to the apartment buildings. 2 Phasing Plan Mn/DOT has developed a draft construction phasing plan that appears workable. It will result in some circuitous routing, but should provide reasonable access to and from TH 100. The plan would require a short (perhaps one month) closure of France Avenue from about the south City limits to 47 Avenue in early spring 2003. This closure would still allow the 47 /48 Avenue area to get to TH 100, but they would not be able to go south on France Avenue. The phasing plan will use the Indiana Avenue frontage road and the Azelia/50 reroute to provide access; those improvements must be in place by early spring 2003. The Indiana Avenue intersection and a 3 way intersection on the north side at 50 Avenue with a temporary signal will remain open until the very end of construction. Work With 47 /48 Avenue Neighborhood There are a number of issues to be worked out with the apartments and the industrial park. The apartments currently have a long, continuous parking lot punctuated with driveways. The new grade on 47 will likely require that some of these driveways be closed and access consolidated at a few spots. There are also some retaining wall and maintenance issues that need to be worked out. Preliminary plans for this area will be completed in July. A meeting with affected property owners will be held after the preliminary plans are complete. TH 100 Aesthetics Bridge Design & Retaining Walls g g g The 36 Avenue bridge now in place shows the bridge design which will be replicated at 42 CR 81, and France Avenue. The ashlar stone texture on the abutments and concrete railings will be painted with a random pattern of yellows, greys, and taupes. The decorative metal railings will be a replica of the existing railings, and will be a dark green. Decorative lighting will be provided in the "Robbinsdale downtown" style, which will also be dark green. Because the France Avenue bridge has sidewalk/trail on only one side (the east side), the railing and lighting detail will be provided only on the east side. On the west side, there will be decorative concrete railing with decorative lighting on the end pilasters only. The retaining walls will also receive the ashlar texture. On the highway side the walls will be painted to resemble the bridge abutments, but on the other side the walls will be painted a single color. This is for easier maintenance, as the neighborhood- fronting walls would be more prone to vandalism and graffiti, which would be more difficult and expensive to repair if the random, hand painted color scheme is replicated on that side. Medians & Railing Extensions The medians on France Avenue on either side of the bridge will be wide enough for some treatment. The median on the north side would be wide enough for some type of landscaping. 3 Mn/DOT will be providing us with some detail that is being proposed for the Duluth Street medians, which provides a sloping median with the ashlar texture applied. In the center of the median would be a planting area that could be planted with low- maintenance, salt - tolerant shrubs. We would not propose any type of planting that would require irrigation or substantial maintenance. Some of this cost as well as the ongoing maintenance of any landscaping would be the city's responsibility. There are two locations where additional fencing is required for safety. The first is on the south side of the bridge along the bicycle trail as it rises up to the bridge crossing. The second would be on the northwest corner of the bridge, where the SB entrance ramp retaining wall meets the west side of the bridge. We have two options: black vinyl covered chain link, or the decorative railing that would be used on the bridge. There is a substantial price difference between these fences —about $100 per foot —and the City would participate in the cost. Staff recommends selecting the decorative railing to extend the theme and to continue the enhancement of the area. Noise Wall Options The residents at the Beach Condos very strongly preferred a berm with landscaping over a retaining wall in front of their property. Mn/DOT was concerned that there would not be enough right of way to provide both a berm and the storm water pond which is required in this area. Preliminary designs have been completed, and it does look like it will be possible to provide the berming. However, Mn/DOT's noise specialists do need to review the design to determine if it provides the required noise reduction. It is expected that a preliminary design for noise abatement at the Beach Condos will be completed in July and presented to the Condo Association for feedback then. City Sign We are currently looking for a location for a City entrance sign on the north side of the bridge. We would propose a sign which replicates the ashlar texture of the abutments, and which reads simply "City of Brooklyn Center." Landscaping Mn/DOT has not designed the follow -up landscaping in detail. However, we have discussed with Mn/DOT the possibility of taking at least some of the landscaping elements all the way up to I -694, and they are interested in that possibility. We have already transplanted some of the displaced lilacs from other segments to the right of way adjacent to the Centerbrook Golf Course. Southwest Area Neighborhood Proiect Azelia /50 Plans The City's consultant, SEH, has prepared plans for this section of the Southwest Area. They are . waiting on CP Rail to provide the final profile of the bridge and tracks before completing those 4 plans. CP Rail is to deliver its preliminary plans to Mn/DOT and the City by June 1, after which SEH will complete the plans. Aesthetics We are reviewing the aesthetics of the Azelia/50 extension. The Joslyn Phase II and Phase III projects will provide substantial landscaping in their 15 foot landscaped setback. With the bicycle trail on the boulevard there will be limited opportunities to provide landscaping in the boulevard. We may have some opportunity to provide landscaping in the boulevard between the roadway and the Murphy Warehouse, and along the Xcel substation. We propose for Council consideration installing the Robbinsdale -style decorative streetlights along Lakebreeze, Azelia, and 50 There are also some retaining walls that would be required along 50 Avenue, and we will investigate the cost differential between a standard modular block wall and a cast in place wall with the ashlar texture. The City share of these costs would be paid for from Local State Aid funds. VIC Submittal In early June, once the preliminary plans are complete, the City, Mn/DOT, SEH, and the City's environmental consultant will meet with the PCA to review the plans and prepare for the VIC (Voluntary Investigation and Cleanup) submittal. The VIC submittal is simply a plan for how work would proceed in an area where there is or has been contamination. (For example, the County prepared a VIC plan for the Brooklyn Boulevard project in the area of Pilgrim Cleaners, which is a state Superfund site, and the old Total gas station, which is actively pumping out contaminated groundwater. The City will also prepare a VIC plan for the Riverwood Estates townhome project, as there is a small area of potential contamination where old tanks used to be located.) We expect the VIC plan to be fairly straightforward, and that we will gain PCA approval by the end of the summer. Report From Geomatrix We recently received a report from Geomatrix regarding additional soil correction work that had been done by Twin Lakes LLC for the Joslyn Phase II project. In conjunction with other soil correction work parts of the corridor of the future Azelia Avenue extension have been excavated and the corridor has been covered with four feet of compacted soil that is clean and certified free of any contamination. This work was inspected both by Geomatrix personnel as well as personnel from Braun Intertec. This work consisted of removal and recompaction of some soils adjacent to a storm sewer as well as excavation of a pocket of debris. The engineers did not find any evidence of contamination of native soils in the area of the proposed Azelia realignment prior to adding a cover of four feet of clean, compacted fill. The report notes that where the debris pocket was found, the area was excavated to 17 feet deep. The engineers found no evidence in this deep excavation of contaminated soils and did not encounter any groundwater. The debris was old metal piping, concrete rubble, and some wood. 40 The debris and surrounding soils were removed and the area was backfilled with clean soil. 5 Watershed ReviewlWetlands Depending on the final profile of the railroad and resulting road design, the project may have an impact on a small pocket of wetlands. The Shingle Creek WMO is Brooklyn Center's LGU (the responsible Local Government Unit) for the Wetland Conservation Act. When the preliminary design is complete in mid June, SEH will delineate the wetland and submit a delineation and wetland mitigation report to the watershed. There are adequate locations for mitigation in the immediate project area (the City owns two parcels with extensive wetlands immediately to the north and west of the project area), and we expect the review and approval to be routine. Real Estate There are several issues regarding real estate. The Denny's parcel has long been identified as a total take due to the TH 100 project. In our discussions with Mn/DOT and Twin Lakes LLC, Mn/DOT has agreed to acquire Denny's on an accelerated schedule and convey the remnant to the City, which will in turn convey the remnant to the Northwest Racquet Club to expand their parking lot. This would remove the restrictive covenant on the Joslyn II and III projects that they provide overflow parking on their site for the racquet club. There will also need to be partial takings from several other parcels. By the July preliminary plans we should have construction limits and right of way needs identified so those processes can start. Cooperative Agreement After initial review by the PCA, SEH will have about six weeks to prepare final plans for the Azelia/50 component of the Southwest project. These plans should be submitted to Mn/DOT by August 1 for review and development of the cooperative agreement. This process takes three to four months, and we expect to bring the cooperative agreement and final plans to the Council in December. Public Involvement Mn/DOT expects to hold an Open House for segments 3 and 4 of the TH 100 project in July, possibly during the week of July 9. The segment 3 plans should be final by that time and the Open House would be for information purposes. The segment 4 plans should be at about 30 percent, preliminary but with a number of design issues still to be resolved. That Open House would actively take input from residents. Mn/DOT and we have been holding meetings about specific design issues with directly affected property owners and will continue to do so as plans are refined. Regarding the Southwest Area project, which includes the Azelia/50 extension, we expect to hold general neighborhood meetings by October or November, as we typically do for neighborhood projects. We will hold other meetings or open houses as the Council desires. JPEG image 640x480 pixels http://qp.sehinc.com/QuickPlace/highway ... e.MVC-894F.JPG?OpenElement&988311127930 lu z7 1 Tt, 1,z L-oO K ECA—) L V 13 fo LAD 1 of 1 5/23/01 1:24 PM f St I I I IFL I 400\ I X40 I 3150 3000 3000 5000 3600 3600 3600 3000 �.� �, 3000 - 5600 3600 36DO 3000 MOO 7000 3150 , SH.OR SHOULDER I SHLDR I SHLDR I I SHLDR 9000 29 400 L 9000 CLEAR ZONE iii CLEAR ZONE I I I POSSIBLE FUTURE SECTION WITH THIRD LANE I I I �-+ —F- TH 100 SO £ PIER �-�—� TH WO NO ELEVATION BRIDGE NO. =64 - 306 AVENUE NORTH SHOWN cv — -JC I �/�' � "� � Figure 2.2 Typical Overcrossing Bridge with Pedestrian Access l 1, - T Ifl ,00, ,00 X000 3600 3600 4200 1 3000 3600 3600 3600 VAR]ES 51LOR SHLDR ' S1lDR i l M 000 I I 'i— r, PIER I I I TH goo sB j -.—rt- TM loo NB ELEVATION BRIDGE NO. 27203 - C.SAH. SI SHOWN Figure 2 -3 Typical Overcrossing Bridge without Pedestrian Access 6 Schedule On the TH 100 segment 4 project, Mn/DOT expects to award a contract in October 2002. The g P J � p Indiana Avenue frontage road would be constructed in winter 2002 -2003. In early spring the traffic bypasses and detours would be set up, and construction would proceed on the France Avenue bridge and on the northbound lanes in 2003. In early 2004, traffic would be switched to the other side and the southbound lanes would be constructed. Landscaping would follow in 2005 -2006. On the Southwest Area project, we expect to give SEH approval to prepare the bid package in December for bid in about February 2002. We would hope to award a contract in April for construction to begin as soon as possible in late April or early May. Our goal is to have the Azelia/50 extension open by the time CP Rail needs to close the France Avenue crossing permanently, which will be in about June, 2002. Construction should be complete by the end of October 2002. �L ' \ ��: !'�, ;hx : ,, . •► � � � .�' ���i Off' ki t � o , ` WOR V &-ffij SA: ML Apr •_ ��"'? 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Hennepin County is requesting the Economic Development Authority (EDA) to assist them in the acquisition or right of way and the settlement with Ryan Oldsmobile and Brookdale Dodge. A land exchange has been negotiated between the parties involved however; the exchange is beyond the statutory authority of the County but is permissible for the EDA. The resolution accounts for the cost distribution between the City of Brooklyn Center and Hennepin County for the activities of the EDA. The actual cost sharing agreement between the County and the City remains the same in which each party is responsible for '/ of all the costs associated with the widening of Brooklyn Boulevard. The resolution accounts for the role the EDA would play in the acquisition and provides for its reimbursement of expenses. This resolution is part of a package with the EDA. The EDA agreement with the County and the car dealers is item 4c. gbh 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 Amendment No. 1 to Agreement No. PW 24 -02 -98 County Project No. 9322 County State Aid Highway No. 152 City of Brooklyn Center County of Hennepin AMENDMENT TO RIGHT OF WAY ACQUISITION AGREEMENT THIS AGREEMENT (this "Amendment "), made and entered into this day of , 2001 by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County," and the City of Brooklyn Center, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City ". WITNESSETH: WHEREAS, there exists in full force and effect Agreement No. PW 24 -02 -98 dated April 6, 1999, hereinafter referred to as the "R/W Agreement ", between the County and the City which sets forth each party's responsibilities and obligations in regards to the joint acquisition of property necessary to complete the reconstruction of County State Aid Highway 152 (Brooklyn Boulevard) between 64 Avenue North and 71 Avenue North; also known as County Project No. 9322, hereinafter referred to as the "Project "; and WHEREAS, under the terms of the R/W Agreement the County is responsible for, among other things, the acquisition of those properties located along the east side of CSAH 152 between Interstate Trunk Highway 94 and 69 Avenue North which are identified in the R/W Agreement as Parcels No. 1, 2, 3, 4 and 5; and WHEREAS, the reconstruction of CSAH 152 between the aforesaid limits is one component of a larger City plan for enhancements and redevelopment along Brooklyn Boulevard; and WHEREAS, in conjunction with its acquisition activities of the five previously identified parcels the County has collaborated with the Economic Development Authority of Brooklyn Center, Minnesota, hereinafter referred to as the "EDA ", and has cooperatively negotiated an agreement that includes all five parcels and which is mutually beneficial to the County and the City in regards to the acquisition of property for both the reconstruction of CSAH 152 and redevelopment of land use along said roadway corridor; and WHEREAS, the aforementioned agreement is documented in a four party agreement, which is entitled and hereinafter referenced as the "Development Agreement" [PW 21- 60 -01], to be executed by the County, the EDA, Bri -Mar Company, Inc. (Parcel No. 2 owner) and Tri- Fortune Properties, Inc. (Parcel No. 1 owner); and • 12901180 1 WHEREAS, all property acquisitions by the County are consistent with the terms of the . aforesaid R/W Agreement, but also include additional negotiated details and conditions that are not specifically provided for in said R/W Agreement; and WHEREAS, the County and the City desire to amend the aforesaid R/W Agreement to include the aforereferenced additional details and conditions pertaining to Parcels No. 1, 2, 3, 4 and 5 as hereinafter set forth, so to establish accordance between the R/W Agreement and the Development Agreement. NOW, THEREFORE, IT IS AGREED THAT: I The following summary of certain key aspects of the aforereferenced Development Agreement is included herein for informational purposes: A. The County has acquired the right of way and construction easements from Parcels No. 1 and 2 as are necessary to complete the Project. B. The County has acquired the right of way and construction easements, and the southerly of the two existing structures on Parcel No. 3 as are necessary to complete the Project. C. The EDA will acquire the remainder of Parcel No. 3 in total. D. The County has acquired Parcels No. 4 and 5 in total. E. The County will deed to the EDA those portions of Parcels No. 3, 4 and 5 which are not required as permanent right of way for CSAH 152 or as permanent public right of way for a new public access point on the east side of CSAH 152 directly across from existing 68 Avenue North to be constructed as a part of the Project. F. The EDA will deed to the property owner of Parcel No. 2 those portions of Parcels No. 3, 4 and 5 deeded to the EDA by the County along with the remainder of Parcel No. 3 acquired by the EDA, all for the purchase price of $300,000.00 which is to be paid to the EDA and the County by the property owner of Parcel No. 2. G. The County will pay to the property owner of Parcel No. 2 the amount of $900,000.00 as settlement for the acquisition of permanent right of way, temporary easements for construction, and for severance and damages associated with the construction of the Project. H. The owner of Parcel No. 2 will sell to the owner of Parcel No. 1 a portion of its existing property which abuts the northerly edge of Parcel No. 1 and which lies immediately adjacent to and southerly of the new public access to be constructed on the east side of CSAH 152 at 68 Avenue North; thereby providing direct access between Parcel No. 1 and the new public access to CSAH 152. 1290118v3 2 I. The County has removed the southerly of the two existing structures on Parcel No. 3 and all structures on Parcels No. 4 and 5. J. The County will remove the northerly of the two existing structures on Parcel No. 3. K. The County will indemnify the EDA regarding Hazardous Substances (as defined in Article I of the Development Agreement) in, on or under those portions of Parcels No. 3, 4 and 5 which the EDA subsequently deeds to the property owner of Parcel No. 2, as such indemnification obligations are described in Section 3.2 of the Development Agreement. II The aforelisted key aspects effect the R/W Agreement between the County and City in accordance with the following. Some of the effects listed herein are reiterations of the existing terms and conditions and are reiterated herein in the interest of completeness. Where revisions to the existing R/W Agreement are required in accordance with the Development Agreement such revisions are specifically identified. A. The City shall share equally with the County all costs incurred by the County in the acquisition of the new right of way and temporary easements required on Parcels No. 1 and 2, as set forth in the R/W Agreement. B. The City shall share equally with the County the $900,000.00 payment to the property owner of Parcel No. 2 identified in Section I.H of this Amendment. The City's participation in the payment is in accordance with the R/W Agreement as the payment is a negotiated settlement amount for acquisition of property, and severance and damages associated with the construction of the Project. C. The City shall share equally with the County all costs incurred by the County in the acquisition of the new right of way, temporary easements and the southerly of the two existing buildings on Parcel No. 3, as set forth in the R/W Agreement, except EDA Expenses (as hereinafter defined). D. The City shall share equally with the County all costs incurred by the County in the acquisition of Parcels No. 4 and 5 in total, as set forth in the R/W Agreement. E. The City concurs in the County's conveyance to the EDA of those portions of Parcels No. 3, 4 and 5 not required for the Project. F. The City shall share equally with the County all costs incurred by the County in the removal of all existing structures from Parcels No. 3, 4 and 5 as set forth in the R/W Agreement and this Amendment. G. The City hereby agrees to share equally with the County in the indemnification of the EDA by the County regarding Hazardous Substances as provided in Section . 3.2 of the Development Agreement. 1290118v3 3 H. The County shall reimburse the EDA fifty percent (50 %) of (1) the purchase price . and/or amount of condemnation awards, including all relocation expenses, paid by the EDA for the remainder of Parcel No. 3, which will include the northerly of the two existing buildings thereon, and (2) all costs and expenses incurred by the EDA in connection with the negotiation and preparation of the Development Agreement and the preparation for and the closing of the transactions described in the Development Agreement, including without limitation all attorney's fees (collectively, "EDA Expenses "). I. Notwithstanding anything herein or in the R/W Agreement to the contrary, the City shall not be responsible to pay or reimburse the County for any amounts paid by the County to the EDA for EDA Expenses. At the closing of the conveyance and transfer of the Development Property by the EDA to the Developer as provided in the Development Agreement, the County and the City will each pay to the EDA fifty percent (50 %) of the EDA Expenses. J. The City agrees that any net proceeds received under the terms of the Development Agreement pertaining to Parcels No. 3, 4 and 5 shall be shared equally between the County and the EDA, and not the County and the City as set forth in Article V of the R/W Agreement No. Accordingly, the $300,000.00 purchase price to be paid to the County and the EDA shall be paid by two checks from the Developer under the Development Agreement, one payable to the EDA in the amount of $150,000, and one payable to the County in the amount of • $150,000. III The County shall transfer to the City, at no cost to the City, that portion of Parcel No. 3 that was previously acquired for highway and/or right of way purposes by the County through eminent domain proceedings identified as Hennepin County Condemnation Number 2587, Parcel 51, which portion of property the County determines in its sole and absolute discretion is not required for highway and/or right of way purposes, and the City agrees to accept the same. IV The EDA is hereby expressly made a third party beneficiary of this Amendment and shall be entitled to enforce, on its own behalf, the terms hereof. V Except as provided herein, all terms and conditions in said R/W Agreement shall remain in full force and effect. In the event the aforementioned Development Agreement is not executed by the identified parties thereto, this Amendment shall not be valid or enforceable, except that the County shall continue to be obligated to pay to the EDA fifty percent (50 %) of the EDA Expenses. 12901180 4 IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF BROOKLYN CENTER (Seal) By: Mayor Date: And: Manager Date: • 12901180 5 COUNTY OF HENNEPIN ATTEST: By: By: Deputy /Clerk of the County Board Chair of its County Board Date: Date: APPROVED AS TO FORM: And: Assistant/Deputy /County Administrator By: Date: Assistant County Attorney And: Date: Assistant County Administrator, Public Works and County Engiueer Date: APPROVED AS TO EXECUTION: RECOMMENDED FOR APPROVAL • By: By: Assistant County Attorney Director, Transportation Department Date: Date: • 12901180 6 OX City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Councilmembers Lasman, Nelson, Peppe, and Ricker FROM: Michael J. McCauley, City M er DATE: May 24, 2001 SUBJECT: City Council Agenda Item 9f, Resolution Amending Right -of -Way Acquisition for Widening of Brooklyn Boulevard and EDA Agenda Item 4c, Resolution Approving Development Agreement with Hennepin County, Bri-Mar and Tri Fortune At the time the agenda was prepared further discussions were continuing regarding the two above referenced items. If there are any changes to these items, materials will be sent tomorrow with the Update. • 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING RIGHT -OF -WAY ACQUISITION AGREEMENT FOR WIDENING OF BROOKLYN BOULEVARD WHEREAS, on August 24, 1998 the City Council of the City of Brooklyn Center approved Resolution No. 98 -144, authorizing the City of Brooklyn Center to enter into a Right - of -Way Agreement (Improvement Project 1999 -04, Brooklyn Boulevard from 64" to 71 Avenues) with Hennepin County; and WHEREAS, Hennepin County has collaborated with the Economic Development Authority in and for the City of Brooklyn Center (EDA) to assist in the acquisition of the right - of -way for Improvement Project 1999 -04; and WHEREAS, all property acquisitions by the County through the EDA are consistent with the terms of the Right -of -Way Agreement but also include additional negotiated details and conditions that are not specifically provided for in the Right -of -Way Agreement between the City of Brooklyn Center and Hennepin County; and WHEREAS, the City and the County desire to amend the Right -of -Way Agreement so as to establish accordance between the Right -of -Way Agreement and the Development Agreement between the County and the EDA. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that 1. Amendment Number 1 to the Right -of -Way Agreement between the City of Brooklyn Center and Hennepin County for Brooklyn Center Improvement Project 1999 -04 is hereby approved. 2. The Mayor and City Manager are hereby authorized and directed to execute said agreement. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof • and the following voted against the same: whereupon said resolution was declared duly passed and adopted.